You really need an attorney to be handling this complicated case for you and also answering these questions.
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Daniel M. Berman www.southfloridaaccidents.com This is not to be considered legal advice nor does an attorney-client relationship exist.
The initial tortfeasor is responsible for the malpractice of the doctor, and you should be able to recover for both surgeries as well as pain and suffering and lost wages provided that you can prove negligence on the behalf of the restaurant. You should contact an attorney immediately.
If someone's negligence caused you to fall and you were injured in the fall requiring surgery, the initial defendant would be responsible for subsequent medical malpractice if the malpractice was a foreseeable event. Usually it is foreseeable. It is also easier to litigate against the original defendant for all of your damages, then it is to prove medical malpractice. It also comes down to the amount of insurance coverage available. You should speak to a qualified medical malpractice attorney asap.
I agree with the other answers that the initial wrongdoer is responsible for any subsequent malpractice. However that doesn't end the analysis.
Both slip and falls and malpractice claims involve many potential defenses. For example , most trial lawyers would agree that juries generally assign some measure of fault to the injured party in a slip and fall ("He should have been looking where he was going") and any recovery is decreased by the percentage of fault a jury assigns .
However medical malpractice claims contain their own intrinsic problems. A bad result doesn't necessarily mean anyone was negligent. They are expensive to prepare ( expert witnesses alone command large fees). Insurance carriers play hardball as they know doctors and hospitals win most jury trials.
The bottom line is that no one can give you any reliable opinion based on the brief facts presented.
If you don't already have an attorney , you need to consult with a very experienced one ASAP for a comprehensive review of all facts and factors.
You need to consult with a lawyer on this, in general the answer is that the person who did the original wrong is owes if malpractice happens while treating your injury’s. There are lots of related questions before you can answer this question properly
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The short and non-complicated answer is yes. However, this is a perfect question for your attorney. If you do not have an attorney - the first thing you should do Monday morning is call several attorneys and select the attorney you feel most comfortable with and that will best represent your interest. There are other questions and answers to other questions you may have on my website: www.shinerlawgroup.com
Please feel free to visit and if there are any questions please call. Best of luck.
The short answer to what could be a more complex question is YES. The initial cause of the injury would carry responsibility for the subsequent acts/malpractice during medical care. Of course, it is never that simple which is why your attorney should be answering this question for you. As for the time involved in filing the lawsuit, anyone in this forum would only be guessing. It is always based on the case circumstances, the position taken by the Defendant at this time, and the extent of your medical care. You don't want to rush to trial if you have no idea what your future holds as to your medical needs. An experienced Personal Injury attorney should be able to explain the responsiblity of subsequent acts and the pace that is best suited for YOUR case. They are not all the same. Best wishes to you for a speedy recovery and a good outcome on your case.
The information provided is for the purposes of general information and does not establish an attorney-client relationship .
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