Does my Case Qualify as Medical Malpractice?

UPDATED: Oct 2, 2022

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Does my Case Qualify as Medical Malpractice?

On 8/13/18, I received an lumbar puncture and everything went fine. However, the next day, my back pain was so severe that I could barely walk, so I went to the ER primarily for back pain. The PA who was assigned to me in the ED asked me if I had a headache and asked me to rate my pain on a scale of 1-10. I told him,

Asked on August 23, 2019 under Malpractice Law, Florida


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

Answered 3 years ago | Contributor

Medical malpractice is negligence.  Your claim would be filed against the hospital and the doctor, who employed the PA.
Obtain your medical bills and medical reports from the hospital and your primary care doctor.  If applicable, also obtain documentation of wage loss.  Your claim filed with the malpractice insurance carriers for the PA's employing doctor and hospital should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your condition and treatment and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with both malpractice insurance carriers, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carriers, reject them and file a lawsuit for negligence naming the PA, employing doctor, and hospital as defendants.
If the case is settled with the malpractice insurance carrier for one but not all parties, only name the parties with whom the case has not settled as defendants.
If the case is not settled, your lawsuit must be filed 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 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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