Legal Question in Medical Malpractice in Georgia
Medical malpractice suit by ex-spouse for something that happened while we were
I have been divorced since 8/2002 but in 10/2001 my ex-spouse had gastric bypass surgery which was paid for by my insurance through my employer. He found out last year that a needle was broken off inside him during the surgery and left there which caused an ulcer which resulted in surgery in Sept. 2002. He told me then that he was going to sue but I haven't heard if he did since we do not talk to each other. I have two questions. 1. Is there a way to find out if he is suing the doctor? 2. If so, am I intitled to any of the settlement or suit because we were married at the time of the medical mal-practice?
2 Answers from Attorneys
Re: Medical malpractice suit by ex-spouse for something that happened while we w
If suit has been filed, the court records in the county where the doctor resides would reveal this fact. A spouse has the right to recover for loss of consortium. This word describes the right to the society, companionship, services and incidents of the marital relationship. In my opinion, a jury would not value your claim for loss of consortium much, if at all, under the circumstances you described.
Re: Medical malpractice suit by ex-spouse for something that happened while we w
The previous poster was correct that monitoring the court records of the county of the Dr.'s residence is the best way to see if he has been sued. However, he may have been operating under a P.C. (professional corporation) that is based in another question. You should consult with a local attorney for further explanation as well as an evaluation of your claim.
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