How can I sue a hospital for violating patient's rights?

Asked about 5 years ago - Harrison, NY

St Vincents Hospital Partial Hospital Program violated my Patient's Rights by not responding to my pain and medication issues.

Attorney answers (2)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . You have to have damages and you have to have a provable violation of the medical standard of care to have a medical malpractice suit. Your post suggest you have neither.

    Without knowing all the details we are left to speculation here online.

    See a local lawyer in New York. I am in Chicago.

    Good luck and God bless you.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

  2. Elizabeth Taylor Herd

    Pro

    Contributor Level 19

    Answered . I am not licensed in NY and can offer you only general advice. However, in claims involving medical negligence you must prove that a deviation from the standard of care caused significant and permanent damages. The only way to meet your burden of proof is through expert medical testimony. This means that you must retain and pay a doctor for his time. That can be a very expensive endeavor. That is the reason that you must have damages that are near catastrophic.

    You may consider reporting the hospital or nurses to the state medical association or agency for healthcare administration. While this will not give you monetary compensation, it may bring the care to the attention of the right individuals. If you decide to pursue a claim, you may end up spending more than you could recover.

    Betsey Herd
    Tampa, Florida

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