What to do if an emergency room doctor at a local hospital carelessly and negligently scarred my ear canal?

UPDATED: Sep 13, 2012

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What to do if an emergency room doctor at a local hospital carelessly and negligently scarred my ear canal?

This caused hearing loss, pain and bleeding. Also, additional doctor visits were necessary as a result, costing more money being unnecessarily spent. This occurred during a simple cleaning procedure. Do I have a case ?

Asked on September 13, 2012 under Malpractice Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

You could sue the doctor and the hospital for negligence.

Prior to filing your lawsuit for negligence, it may be possible to settle the case with the insurance carriers for the doctor and hospital.  When you complete your medical treatment with the second doctor, obtain your medical bills (from both doctors and hospital), medical reports (especially the medical report from the second doctor), and documentation of any wage loss.  Your claim filed with the insurance carriers for the first doctor and the hospital should include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If the case is settled with both the insurance carrier for the first doctor and the hospital, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file your lawsuit for negligence.  If the case is settled with one party (doctor or hospital), only name the party with whom the case has not settled as a defendant in your lawsuit for negligence.  If the case is NOT settled with either party, name both parties as defendants in your lawsuit.  If the case is NOT settled, you will need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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