Should I file suit against the doctors who botched surgery to my arm?

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Should I file suit against the doctors who botched surgery to my arm?

I had a broken humerus and was told by another doctor that my plate was put in wrong. Then after the surgery, I was given the wrong post-op procedures and it ended up causing temporary nerve damage.

Asked on June 10, 2015 under Malpractice Law, Louisiana


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

Answered 6 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).

Prior to filing a lawsuit for negligence against the doctor(s) for the surgery and the post-operative procedures, it may be possible to settle the case with their malpractice insurance carriers.

Your claim filed with the malpractice insurance carriers should include your medical bills, medical reports (especially the report from the doctor who said the plate in your humerus was installed incorrectly) and if applicable, documentation of any wage loss.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury/condition and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for the medical bills is straight reimbursement.

If the case is settled with the malpractice insurance carriers, NO lawsuit is filed.  

If you are dissatisfied with settlement offers from the malpractice insurance carriers, reject the settlement offers and file a lawsuit for negligence against the doctors.  If the case has been settled with the malpractice insurance carrier for a doctor, only name the doctor(s) with whom the case has NOT settled as defendants in your lawsuit for negligence.

If the case has NOT settled, your lawsuit for negligence 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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