Doctors have to take the Hippocratic Oath at induction into the medical profession. This states that a doctor or physician will apply the knowledge of medicine to benefit the sick. The doctor does this with warmth and sympathy, with the patient’s privacy in mind.
This binds the physician to care for the sick, putting their health at the topmost priority. The only exception to this oath is when there is a more skilled physician to handle the case. The attending physician can refer the matter to a specialist in this case.
So, it is medical malpractice and against a doctor’s professional ethics to turn away sick patients for any reason. When a hospital refuses to treat an ill patient, they should face the law. However, some hospitals get away with these unjust acts because a patient files a personal injury lawsuit without a lawyer.
File a Personal Injury Lawsuit Without a Lawyer vs Hospitals
If, as a patient, you have suffered significant injuries or deformity due to the negligence of a hospital or doctor, you have the right to ask for compensation or sue that hospital. For you to file a lawsuit, these injuries must be severe. Some examples are death, scarring, and disfigurement, loss of a limb or functional body part.
However, you would need an injury lawyer for the negotiation to go well. A common concern in such cases is the cost of hiring a personal injury lawyer that can help with your issue.
While it is possible to file a personal injury lawsuit without a lawyer, the victims often make the following mistakes:
Asking For Too Much or Too Little
A lawyer can help to moderate the asking price for the compensation. So, without one, the victim appears desperate when asking for too little and greedy when asking for too much. Unfortunately, this often happens in a personal injury lawsuit without a lawyer, and the victim ends up without compensation.
Giving a Pre-Recorded Statement
The hospital’s lawyers would often ask for a recorded statement of the grievance against their client and would use this against you in court. Unfortunately, the victims often lose the case because of inconsistencies in their statements.
Accepting Final Offers From the Hospital’s Insurance Company
The insurance company always sides with their clients. So, they would want you to walk away with as little compensation as possible. As a victim, you may want to take their final offer, which shortchanges you and lets the hospital off the hook
Excluding Some of Your Injuries in Your Statement
A legal statement requires that you input some vital information about your claim. Without such information, the court might hold your statement in contempt, and this will cause you to lose your case in court.
Failing to Meet the Time Limits to File for Personal Injuries
For every legal filing, most states have a time limit from the occurrence of the accident. As a result, the victims often delay filing a personal injury lawsuit without a lawyer. Hence, these victims may lose the opportunity to file a personal injury lawsuit.
Filing a Personal Injury Lawsuit vs A Hospital
Hospitals that refuse to treat patients are unforgivable. Doing such can cause more damage to the patient that could even lead to death. If you are one of the unlucky ones to encounter this, there are two primary considerations to bear in mind when filing a personal injury lawsuit:
The Extent of Your Injuries
The hospital is usually an organized system, and to go against them, you must have the correct facts. Therefore, without an injury lawyer, you must be sure that the hospital is wrong for turning you away without treatment. Your injuries must also be severe enough to give you a strong case in court.
You can sue a hospital for discriminating against you, negligence of the medical team, and wrongful death of your family member.
Clear Evidence That the Hospital Is Wrong
You must have clear and irrefutable evidence of the hospital being in the wrong. This solidifies your case and helps you to get a chance to win against them in court without a personal injury lawyer. Your evidence can include voice recordings, pictures, and videos of the occurrences that surround your lawsuit.
It will also help have witnesses who can support your claim in court without mixing up their stories during a cross-examination.
What Should You Do To Sue A Hospital?
To get the most out of a personal injury lawsuit, you must gather evidence to prove their negligence. Take some time to do the following before sending a demand for compensation to the hospital:
Talk to a Medical Malpractice Attorney
Every court respects the judgment of an expert witness on a case. So, in this case, getting a medical malpractice attorney helps your case. The attorney assesses your case from the procedural, medical and legal view. The medical malpractice attorney can also stand as an expert witness in court.
Write a Comprehensive List of Your Grievances
Do not rush to file a lawsuit without collecting your thoughts and clearly stating your grievance. This must be a detailed work that includes information such as time and date of incidence.
Calculate the Losses That You Incurred
Be clear and intentional about the losses you incurred due to the hospital’s refusal to attend to you or your ward. These are the damages that you will present as exhibits in court. Ensure that you also calculate the present value of your loss and state this in your lawsuit.
Retrieve Your Medical Records
Hospitals must give the medical records of patients to them upon request. Although this might cost you some money, your medical records serve as evidence to support your case.
The medical records also help the medical malpractice attorney to determine the extent of injuries that the hospital’s negligence has caused you.
Decide on Who to Sue
It would be best if you decided on the party that is legally responsible for the medical error. This is an important step that prevents the possibility of adding more persons to the suit after filing one.
The offending party may be a doctor, nurse, or attendant. Sometimes, the judgment is unclear, and you may have to sue more than one party.
Meet All Procedural Rules for the Suit
Be sure to follow all the procedural rules of your state when filing a lawsuit. You may have to submit a claim to a medical board or get an affidavit of merit from the state. If you are unsure of the state’s rules, talk to your medical malpractice attorney.
File the Lawsuit
The lawsuit is a legal document and must contain the following information:
- The full name of the plaintiff and their contact address
- The name(s) of the accused
- A detailed account of the incidence
- Details of the compensation
Submit to the Right Office
You are to file this lawsuit at the office of the court clerk of the county court. This is the local branch of the state court. Also, you must adhere to any other procedural rules of the court in your state.
Get an Expert Witness
Every court respects the judgment of an expert witness on a case. So, in this case, getting a physician to stand in court as an expert witness on your case gives you an edge. The physician is to state the condition and explain to the court the reasons to consider you as the victim in clear terms.
A Way Out of Filing a Personal Injury Lawsuit Without a Lawyer
Most victims consider filing a personal injury lawsuit without a lawyer due to the cost of hiring a good personal injury lawyer. So, it is likely that they will get a personal injury lawyer if the cost of hiring is not a hindrance.
A free case valuation is hence, a relief to the victim. Injury lawyers usually consult a free case valuation because they genuinely want to help the victims get justice. This involves talking to the victims and getting information on the case. The lawyer may ask questions surrounding the case, such as:
- The date and time of occurrence
- The witnesses to the event of the incidence
- The people involved in the incidence
- Important details of the incidence
- All losses incurred, including economic, emotional, and physiological losses
Lawyers are usually meticulous listeners, so you have an assurance that although you are getting a free valuation, the lawyer takes your case seriously. After getting a free valuation of your case, you can decide to hire a lawyer for your case or file a personal injury lawsuit without a lawyer.
If you ever feel wronged by a medical institution, you must know your rights and options. Medical negligence isn’t something to be normalized. Thus, you must know your option when you decide to sue them.
It is best to hire a malpractice lawyer. While you focus on physical and psychological recovery, the lawyer carries out a thorough investigation and gathers helpful information to help your case.
It is easy to get the best injury lawyers to look into your case. These are sympathetic and professional and will do their best to see that you get justice.
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Alex Grogoyan is a Professional Home Improvement and Lifestyle Writer. He has been in the industry for over 6 years and has been writing for Chique Home Living since 2019. His work has been featured in popular platforms such as Spruce Home, Better Homes & Garden, and more.