Surgical Negligence: A Patients Options for Recovery

A patient injured by surgical negligence can be compensated for his damages and injuries in a medical malpractice lawsuit. However, a lawsuit is not the only option available for compensation. Depending on the severity of the injury, the amount of compensation sought and whether the physician carries malpractice insurance, an injured patient may have more options than merely running into court.

The Parties to Sue

Because surgery must take place within a surgical center or hospital, an injured party may have a cause of action for surgical negligence against more parties than just the surgeon. The party should also charge the hospital or surgical center, nursing staff, anesthesiologist and other participants in the surgery with responsibility for his injuries.

Settlement Negotiations

Settlement negations for surgical negligence can provide an injured individual with compensation for his injuries in a much shorter time and at a vastly lower cost than a trial. In negotiations, the injured party would send a demand letter to the surgeon or hospital stating that he was injured due to negligence during surgery and the amount of money he seeks as compensation. While it is unlikely that the patient will automatically receive the sum of money he seeks, chances are that he will receive a sum very close to his original demands. Negotiations take place outside of court and cost usually the amount of attorney’s fees and a mediator, if used.

Insurance Claim

If the hospital, doctor or other parties have malpractice insurance, compensation may be available to the injured party merely after he files an insurance claim. This claim would detail the specifics of the negligence and the subsequent damages it caused. However, if the negligence itself is unknown, this route may be difficult; most insurance companies will require clear proof of negligence before being willing to compensate a patient for surgical negligence.

Legislatively Created Dispute Resolution Processes

Some states, in response to the numerous medical malpractice lawsuits being filed in courts, have established procedures that must be completed prior to the case proceeding to litigation. These procedures are aimed at the dispute being resolved outside of court. In this case, the parties must engage in negotiations or even submit themselves to non-binding arbitration before the case will be assigned to a judge. This means is similar to settlement negotiations in their speed and low cost.

Obtaining Legal Assistance

If you are considering filing a surgical negligence claim but want to know if there are other options by which you can obtain compensation, seek legal advice. An attorney will detail the state laws regarding medical malpractice lawsuits and the benefits and drawbacks of negotiations.