Can a person file a medical malpractice suit on their own? The hospital that I would like to file suit against has sovereign immunity and an attorney probably won't take my case because of the limit for attorney's fees.
I have been diagnosed with a brain tumor as of July this year. I had a CAT scan done in 2007 that shows the tumor, but was missed by the hospital at that time.
3 Answers from Attorneys
The courts are open to individual claimants, and you are allowed to file a medical malpractice suit on your own. I'm not sure why a hospital would have sovereign immunity, or why you think there is a limit on attorney's fees. Perhaps you should have a free consult with an attorney (most offer it) and explain to him/her the details.
I'm sorry to hear about your situation. Medical malpractice suits are extremely complicated. There are many requirements that one must follow before filing a lawsuit. If you do not follow those requirements exactly, then your case will likely be dismissed. You were obviously treated at a county owned hospital, and the cap on damages does apply. However, you may have additional claims against individual doctors or nurses. I would strongly suggest that you do not pursue this on your own. You should consult with an attorney who is experienced in medical malpractice cases. We have handled many such cases. We are located in Boca Raton. We offer a free initial consultation and would be happy to speak with you about your case.
If your claim is against a county hospital, there is soverign immunity. There are plenty of lawyers who take these cases. I do if there is clear negligence and damages. Here, your case is more than just against the hosptial; it is also against the radiologist. The radiologist does not have immunity and works for a group of doctors.
See my discussion on medical malpractice cases at my website, and call me. www.CosumerLawyerHelp.com
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