subject: Medical Malpractice - Frequently Asked Questions - On Legal Matters [print this page] Doctors are not the only ones who can be sued for malpractice. A medical malpractice lawsuit can be filed against almost anyone giving care if it can be proven that that care was negligent and led to the patients death. This includes nurses, dentists, and health care providers such and nursing homes. Below are answers to some of the most common questions about these lawsuits.
My 30-year-old daughter died of an allergic reaction after she was given the wrong medicine. Can I sue the doctor and hospital for medical malpractice?
The laws vary but in most states a parent cannot sue for medical malpractice if the child is an adult or over the age of 25. However, if the parents are the executor of their childs estate, the estate can file suit. The same rules apply if a person is severely injured. A parent cannot sue if the child is over 25 and vice versa--a child cannot sue over a parents injures if they are over the age of 25.
I was told I would have to prove cause to win my case. What does this mean?
In a medical malpractice lawsuit, you must prove the negligent act caused death or injury. Lets say you are in the hospital and you are allergic to penicillin. You notice that the label on the vial the nurse is about to administer says penicillin and you stop them before they can inject it into your arm, that is not cause for a lawsuit. But if you took the penicillin and had an adverse reaction to it that caused you pain or permanent damage you can sue. The improper medicine caused you to be further injured. To win, you have to prove the negligence and show that damages were done.
If the incident happened last year, can I still sue?
Every state has a statute of limitation--in other words, you have to sue within a certain amount of time from when the incident happened. In some states its two years and some give you up to six years. The state legislatures are responsible for making the laws so check with an attorney before you can assume you can sue.
