My obgyn cut my intestine and I became sepsis but he has no malpractice insurance can I sue the hospital
4 attorney answers
I'm sorry to hear this and hope that you are now recovering fully. In the event that this is not your situation, you may wish to seek a second opinion.
Do not delay, as the Statute of Limitation in general (there are exceptions) for bringing a Medical Malpractice lawsuit can run as early as 2 years from the date of the medical error(s).
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It sounds like you may have a potential liability claim against the physician. You should strongly consider reaching out to an attorney who focuses a good deal of their practice to handing medical malpractice cases to then evaluate who the potential defendants could be and which have insurance coverage. You may also still be able to get the physician to settle if that physician doesn’t have insurance.
I cannot forsee a hospital that would allow a surgeon privileges or staff an ER physician without insurance. Thus, I question whether there is insurance. First, I suggest you have this reviewed again and make sure all sources of insurance can be found, and then, including the employer of the surgeon, and the hospital. Even if a doctor still chooses to go bare, however, there are certain requirements in Florida they must meet. They must post a bond, have an escrow account, get an irrevocable line of credit letter from a bank or other lending agency which cannot be used for legal fees and post a sign in their offices to inform their patients that they do not carry malpractice insurance. Obtain another opinion If the hospital employed the MD or he or she worked for a surgical group there is likely insurance. Either way, if there is no insurance, the claim may still be worthwhile to pursue if the MD has assets and a thriving practice and could pay a judgment.
The hiring of a lawyer is an important decision and one you should not make just upon reading something. While I may generally provide some helpful information and an answer to your question, this is not meant to be direct legal advice to you. If you wish legal advice, many attorneys offer free consultations on certain legal issues. If you wish to be certain about how best to proceed to protect your legal interests then I encourage you to contact the lawyer with experience in the same area of law
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