Filing a Formal Complaint With a Hospital for Surgical Malpractice

To file a formal complaint with a hospital for surgical malpractice, an injury must have been committed by a physician and/or hospital either before, during, or after surgery.  The parties who are identified in this complaint will vary based on where the procedure was performed and who was involved in performing the procedure.  Filing a formal complaint is the first step in filing a surgical malpractice lawsuit.

What Exactly Makes Up a Formal Complaint?

The formal complaint is the first document that is filed in a surgical malpractice lawsuit that identifies one party injuring another party.  The injured party’s representatives can make the complaint if the injured party is incapacitated or deceased due to the injury.  The complaint will identify the following factors:

• How the injured party was wronged.
• Who caused the injury to the affected party.
• What the party requests as compensation for the injury.

Identifying the Injury that Occurred

The first step in a surgical malpractice lawsuit is to identify the injury that was caused by the malpractice.  The compensation being requested for that injury must be a tangible remedy that the court can award. 

The injured party must identify the surgery that was performed, what went wrong and any contributing factors that caused it to go wrong (such as negligence or recklessness, etc.), and what damage the party suffered as a result.

Identifying the Parties Involved

It is best to mention all parties who had any involvement in the surgical procedure that caused the injury, as adding parties to the complaint later is tedious and difficult.  This could include any or all of the following parties:

• Hospital
• Surgical facility owner
• Operating doctor
• Operating doctor’s staff
• Anesthesiologist
• Manufacturer of surgical equipment or medical part used in the procedure

Identifying the Remedy to the Injury

You need to identify what remedy will make you whole after the injury.  This could be a monetary reward, an injunction that prevents the surgery from occurring at a particular facility, or any other tangible remedy that could solve or alleviate the problem caused by the surgical procedure.

Obtaining Legal Help

Filing a formal complaint against a hospital for a surgical procedure that has gone wrong can be a complicated and trying matter.  An established and experienced medical malpractice attorney will know the federal and state laws that apply to your case and will present the strongest possible case to ensure that your legal rights are represented and that you receive the maximum amount of compensation you’re entitled to under the law.