Can u suit a doctor even if the damage wasn't permanent and how much time do you have to do it?

Answer 1

Dear "curlyboy":

Well, I am not a doc, lawyer, nor do I play one on tv. And, I think it was Mark Twain or Will Rogers or some other cynic said that "medicine is the art of amusing the patient while the body heals itself". Medicine is a joke! On the people who think that docs ain't human.

As I understand your question, you'd like to sue a doc for a non-fatal not-permanent injury. Right?

Let me share what happened to me. My wife actually. She had a heart attack and was treated at prestigious Princeton Hospital. They really blew it. They pumped her full of fluids, kept her overnight, and sent her home. She literally gained 13 pounds in less than two days. And she felt like ****. I wasn't happy so we went to our family doc, who I had never been impressed with, but recognized she was in deep kimshi (Korean smelly cabbage). He sent her right to the local ER, Don't pass go; don't collect 200$. They diagnosed her as in congestive heart failure with complications. A thirty day stay and a lot of testing and treatments. They never figured out what her original problem but she was walking and talking. We were pissed to put it mildly. And, consulted with our lawyer. His advice "no harm; no foul". Non fatal; non permanent; injury debatable. And I had our GP and her cardiologist volunteering to testify because they were upset that another doctor would make her their problem. She was retired and didn't die, so he said we might get some "chump change" and have to pay big bux to get it into court. So, we dropped it.

My adive is to "fuggetboutit".

You can't possibly be as upset as I was. I'd like to go down to Pton and thrash both cardio docs within an inch of bodily harm. But, some times you just have to cut your losses.

Sorry, wish I could share a better advice, but my advice my answer, is to just move on.

Hope this helps. I'm interested how it works out for you. Drop me a note sometime. My blog may have helpful "stuff".

Ferdinand J. Reinke
Kendall Park, NJ 08824

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Answer 2

You can only sue successfully for damage from malpractice if you can PROOVE malpractice. All damage is not necessarily due to malpractice. If you sue on the basis of malpractice, you can expect the defense to bring in medical experts who will professionally attest that what was done to you was within the normal frame of general medical practice.

These suits, contrary to popular belief, are NOT easy to win. They are vigorously defended by the malpractice insurer which covers the physician in question.

If you have no permanent damage, your chances of a settlement of any size decrease dramatically, since awards are based upon damage, and not upon what the physician did.

Answer 3

With all the legal reforms, very few lawyers will take a malpractice suit if you are able to walk into court. You just can't get that much any more and the lawyers fee would eat up most of it.

Answer 4

Anybody can sue anybody else for anything, here in the US, even without grounds.


The statute of limitations varies by state.

If your lawyer doesn't think you have a strong case, or if they don't think it's worth very much money, you'll have to pay them up front - usually a $10,000 to $15,000 retainer, based on $200 an hour.

Answer 5

I am not sure what the SOL is for malpractice, but I would think it is at least a couple of years.

Sure, you can try and sue him, there is no law against it other then the SOL.

Answer 6

you don't have to show permanent damage just that there was or is.........your time frame will vary by state but it's usually 2 years for medical lawsuits.

Answer 7

well u can suit him if ur a tailor.