How do I sue for negligence that happens during a follow-up surgery?

Answer:

You can sue for negligence occurring during a follow-up surgery the same way you would for negligence occurring at any other time in your treatment. To prove your claim you must prove that your injury arose during the follow-up.

Malpractice Lawsuit Procedures

In most states, a malpractice lawsuit begins when the plaintiff files a complaint against the practitioner accused of negligence. In this complaint the plaintiff must state that the physician or nurse breached their duty of care to the plaintiff and that as a result the plaintiff suffered physical or emotional damages. Damages can be physical, emotional or financial, but the plaintiff must have suffered some tangible damage to have a viable claim.

Once the complaint is filed the accused practitioner has 20 days to respond. In this response he can deny or admit the allegations. Subsequently, the plaintiff has 20 days to answer the response. Next the court will order both parties to investigate the facts of the case, which is referred to as the “discovery” period. Finally, the case will proceed to trial at which time the plaintiff will be granted or denied compensation for his damages.

Negligence Defined

A doctor is considered to have acted negligently when he behaves differently than another physician in the same circumstances would have acted. The accused physician is compared to a physician with the same education, in the same situation and having the same experience. If the comparison shows that the accused physician acted in an unusual or inappropriate way, he most likely will be found to have acted negligently.

Getting Legal Advice

If you believe that you or a loved one was injured by a physician or nurse’s negligence in a follow-up surgery, seek legal advice. A lawyer will review your treatment and discuss with you whether you have a valid claim.

References:

Medical Negligence

Get Informed - Medical Malpractice Laws & Information

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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.

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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.