Yes, you could, but probably not nearly as effectively as a lawyer could.  In fact, the cases can be so difficult that most personal injury lawyers do not handle medical malpractice claims. A medical negligence claim is very technical.  A medical malpractice lawyer has the familiarity with the requirements necessary to prove the departure from the standard of care, the resources, the money, and the experience to advocate for you in a trial. In most states for most medical negligence claims, each claim needs an expert witness, who is either a doctor or a nurse.  Some cases require multiple experts.  The cases are very expensive and the hospitals know it. Make sure you chose a lawyer that specializes in medical malpractice and has the resources to handle your case.
Medical malpractice cases almost always require medical experts to testify about the proper standard of care that should have been provided under the circumstances. These are often physicians who practice within the same type of medicine that the physician defendant practices in. These individuals are usually tasked with the responsibility of explaining that the defendant deviated from the standard of care and that this deviation resulted in the patient suffering the harm alleged in the complaint.
We offer a completely free, no obligation Medical Negligence Claim Assessment. We understand that suing your GP may not be an easy decision so we are here to help and advise you. We will take the time to listen to your complaint, and then explain whether you can sue a doctor, how long it might take, how you can fund the claim and how much compensation you might receive.
All articles and content provided in this website are for informational purposes only and are not intended to constitute legal advice. Neither the state bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability. Nevada Rules of Professional Conduct Rule 198 (2002).
First, of all, I do not relish the fact that Dr. Sampley is being sued. He is a nice person; he was the treating psychiatrist when my daughter was admitted to the hospital cited in this article. My daughter was hospitalized on that occasion because she was unable to care for herself. She was unable to feed herself, go to the bathroom, communicate, etc. She was so catatonic and unresponsive to the environment, that her eyes were ‘glued’ in an open position. It was like being in a coma. You could move her arm in an outstretched position and her arm would stay that way indefinitely until it lost blood circulation. You could stick a needle through her leg and she wouldn’t respond. People in this MIA community who argue that ‘mental illness’ does not exist should reconsider how these kind of comments affect family members whose loved ones truly cannot care for themselves. The argument shouldn’t be whether ‘mental illness’ exists but how do individuals fall into conditions in which they are unable to take care of themselves and what is the role of iatrogenic harm and trauma in their mental and emotional condition. In my daughter’s state, both played a major role but I will keep this post as relevant as possible to Dr. Sampley and how his character/belief system is relevant to our movement.
It may not be so easy to file a personal injury lawsuit against a hospital or other health care facility, if what went wrong was limited to the quality of medical treatment you received from a doctor. That’s because in many cases, a physician is not an employee of the hospital, but an independent contractor. So, the hospital may not bear the kind of vicarious liability that typically exists in an employer-employee relationship.
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