You shouldn't be writing risk management. That's simply absurd. Retain a local med mal lawyer to handle.
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It sounds like you are not handling the issue on your own at all well. Time to hire an attorney. Search for an attorney in your locale, discuss fees, and bring your retainer to the first appiontment.
We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.
It sounds as if you have concluded that no attorney would handle your claim. If you have not consulted with an attorney (or more than one) to arrive at this conclusion, you should. This sentiment echos what others have said in their answers.
As to your question about how many hospitals 'counter sue' their patients, it depends what the claim is for. Hospitals frequently sue to collect their bills. They can and will sue to collect a bill in response to a medical negligence claim which is baseless. I represented a hospital for 20+ years and handled several of these counter claims. Then answer to your question is that 'it depends' on the nature of your claim. You need to speak to an attorney to get a full answer.
This is not intended as specific legal advice to you or about your case. The only way to provide that is for you to have a conference with an attorney so they can ask you questions about your claim, read records and learn far more than is contained in your note. No attorney-client privilege is established by this response.
The statue of limitations for medical malpractice in Florida is two years from the date of the malpractice. (Possibly extened to four years for late discovery of the malpractice). So, it seems you are close to or over that deadline.
If you file suit without complying with the Florida medical malpractice presuit screening requirements, or if you file it too late, you will be pursuing a legally frivolous clam and you will subject yourself to paying thousands of dollars for the attorneys who will defend against your claim. And this is so, regardless of the underlying merits of your claim. Maybe that is what the risk manager was talking about. Other less likely possibilities include a claim for unpaid hospital bills, libel, malicious prosecution, and similar intentional torts.
You could file a claim with the Department of Health, but it will not get you any money.
This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me email@example.com, or visit my website http://www.millerlawoffices.us
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