How Can Someone Sue a Hospital?


Quick Answer

To sue a hospital for malpractice or negligence, find a medical malpractice attorney, and discuss the case, obtain medical records, determine damages and who to sue, and file a complaint with the office of the clerk of the state court. File the case before the time limit set by your state lapses, advises AllLaw.

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Full Answer

Before filing a suit, determine whether to sue the hospital, the doctor or other persons responsible for the malpractice, notes AllLaw.com. In most cases, you can only sue the hospital if the person responsible for the claim is an employee of the hospital, rather than an independent contractor. Obtain a copy of your medical records to prove your case and determine the damages due. Possible damages to consider include pain and suffering, lost wages and past and future medical expenses.

Many states require a patient to submit a case to a medical review board or a qualified medical expert and obtain an affidavit of merit before filing, states AllLaw.com. When filing the complaint, indicate your name, the names of the parties responsible for the damages sustained, the harm caused, and the compensation you are suing for. File the complaint at the superior court of your state and follow the procedural rules outlined by the state.

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