How do I go about suing a hospital for sepsis?

Answer:

When suing a hospital for medical malpractice that causes you to become septic, you must first determine if your state has established any rules for pursing a malpractice claim. Many states, to reduce the number of malpractice suits litigated in court encourage plaintiffs to try to settle the case out of court.

The Typical Malpractice Lawsuit

Many states require plaintiffs to notify the physician that they intend to accuse of malpractice of their intent to file a lawsuit prior to actually filing suit. Both parties are then required to attend mediation to try to resolve the dispute. If not resolution can be reached, the plaintiff may then proceed with filing a lawsuit in court.

The typical pattern for a medical malpractice lawsuit is for the plaintiff to file a complaint alleging that the hospital somehow committed malpractice. This complaint will most likely name the hospital, surgeon and other medical professionals involved in the patient’s treatment as having committed malpractice. The hospital and other parties are then able to respond to the complaint in a filing called an “answer”; and then the plaintiff may respond one last time to the allegations in the answer.

Subsequently, the parties engage in discovery. Discovery includes gathering documents about the alleged malpractice and interviewing involved parties. Each party is entitled to the same amount of discovery. After discovery the case will be set for trial.

When suing a hospital, the most important steps are to 1) gather all available information about the patient’s treatment and the ensuing sepsis, and 2) hire an attorney. A hospital will have attorney’s working on their side, and so should all plaintiffs.

Obtaining Legal Advice

If you want to sue a hospital for causing you to become septic, seek legal advice. A lawyer will review the malpractice procedures in your state and discuss with you what to expect from your case.

References:

Filing a Malpractice Lawsuit for Hospital Acquired Infection

Get Informed - Medical Malpractice Laws & Information

Medical Malpractice Basics - Learn about the basic elements of a medical malpractice case.

Types of Medical Malpractice - Learn about the most common types of medical malpractice related injuries.

Key Legal Issues in Medical Malpractice Cases - Find out what legal elements must must exist for a legitimate medical malpractice case.

Diagram of a Medical Malpractice Case - Get information on the steps involved in pursuing a medical malpractice claim.

Birth-Related Medical Malpractice - Childbirth injuries are among the most common reasons a medical malpractice case will arise.

State-by-State Medical Malpractice Laws - Learn about the time limits to file a malpractice claim, limits on money damages, and other state specific laws.