Can I sue a sovereign entity hospital and a non profit health organization?

Business 6 views 4 answers
My brother passed away last month from cancer. He was receiving care from a non profit health organization. This health clinic performed an x-ray and CT scan without contrast last year showing a mass in his mediastinum. He was referred to a sovereign entity hospital to have a CT scan with contrast done which was misread showing "no mass present". For 9 months until his death, his clinic failed to properly care for him and guide him. No further tests were performed until last September he was diagnosed with Stage 4 cancer, showing a tennis sized mass in his mediastinum and metastasis in his pancreas, liver and intestines. Do I have grounds to sue for misdiagnosis and negligence?

Attorney Answers

4
Eliot Wolf ·
Generally you can consult local malpractice counsel who can arrange for an expert to review the medical records and imaging studies to discern if there deviations from accepted practice that caused injuries sufficient to warrant, from an economic standpoint, legal action. They can also respond to the ability to begin an action against a sovereign entity hospital.
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Kenneth Bush ·
I'm sorry for your loss. In a wrongful death from medical malpractice in the State of Florida, the only ones entitled to bring a claim for mental pain and suffering, grief, anguish and loss of companionship are a surviving spouse, a child under age 25 or a parent of a child under age 25. The Estate may have a claim if the decedent was someone earning and saving a substantial income. On the medicine, whoever is making the claim would have to prove that earlier diagnosis and treatment would have made a difference in the outcome. Best wishes
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Halley Stephens ·
So sorry for your loss. Consult a medical malpractice attorney and they will have the records reviewed to determine if there is malpractice. You can sue a hospital covered under the sovereign immunity statute, however the damages are capped at a certain amount. Good luck.
0 upvotes

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