How can I sue the hospital for malpractice?

Hospital Negligence Lawyer Gaithersburg, MD

Any experienced hospital negligence lawyer Gaithersburg, MD residents trust knows all too well that when you go to the hospital for an injury, you expect to be taken care of and treated well. You don’t expect to obtain further injuries from your stay at the hospital. However, sometimes mistakes happen and it’s important that if you are injured during your time at the hospital, that you are properly compensated. Here are some ways to help you determine the next steps to take if you’ve experienced an accident while at the hospital.

Determine who is at fault

A good hospital negligence lawyer in Gaithersburg, MD will likely inform you that first thing you need to do is determine who is at fault for your injuries. Was it the doctor who was treating you? A nurse? A member of the hospital staff? This is a crucial element when determining who to file a lawsuit against.

Doctors are independent contractors not hospital employees. Therefore if you suspect that there was negligence on the doctor’s part, you will need to file a claim against them personally, not the hospital. The only way you could also sue the hospital is if you could prove that the hospital knew they had hired a negligent doctor and didn’t do anything about it.

According to a skilled hospital negligence lawyer in Gaithersburg, MD, if you believe your injury was a result of malpractice caused by a nurse, technician, or other hospital support staff, then you would file a claim against the hospital itself. These are all hospital employees and therefore all liability for the accident would fall on the hospital.  

Time is of the essence

Once you’ve determined who’s at fault for your injury, you’ll need to file your claim immediately. There are a few benefits for doing this. First, you’ll have a better chance of obtaining credible eyewitnesses for your case. The more time that passes by, the higher the risk of witnesses forgetting details.

A hospital negligence lawyer from Gaithersburg, MD may also inform you that states also require you to file any malpractice cases quickly. Generally, the statute of limitations for hospital accident malpractice cases is between one to three years. Be sure to check your state’s requirements because if you miss the deadline, your case will most likely be dismissed.  

Present a Certificate of Merit

Most states require the defendant to file a certificate of merit along with their case paperwork. This is a form that is filled out by an expert medical witness (normally a third party found by your attorney) to confirm that your injuries did occur as a result of malpractice at the hospital.

Find an attorney

It’s unwise to represent yourself in a malpractice case against a hospital. These cases are tricky and lengthy and it’s best to have someone on your team who is familiar with these types of lawsuits. A good hospital negligence lawyer Gaithersburg, MD residents count on can also help you find the best medical experts to help your case.

Many lawyers will take your case on a contingency fee basis. This means you won’t have to pay up-front, out of pocket fees, but rather they receive percentage of the settlement after the case.

While a case like this may be lengthy and overwhelming, don’t give up. It’s important to take care of yourself as well as prevent this hospital malpractice from happening to anyone else in the future. Call Cohen & Cohen today for your free consultation.