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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I was sued while in the hospital with gh ammonia levels

Customer Question

I was sued for millions while in the hospital with high ammonia levels which resulted in liver transplant. Including for closure on my house can I sue them
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I look forward to assisting you today.

I am sorry to learn of this situation. While your home foreclosure is not going to be at issue, you can sue the hospital for "medical malpractice" based on an inappropriate medical treatment resulting in the liver transplant.

This medical malpractice claim can then be used to offset the billing claim (or even eliminate it altogether).

Medical malpractice claims are based on expert testimony, this means you, or your attorney, will need to find a medical expert in the same, or similar field, to testify as to the standard of care in the industry, whether your physician or facility's conduct fell below that standard, and whether that negligence was the cause of your injury. The same (or a different) expert can then testify as to your projected future damages and cost of medical care.

Due to the complexity of these claims, I highly recommend that you retain a medical malpractice plaintiff's lawyer (also called trial attorneys). Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment).

You can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Customer: replied 1 year ago.
The millions I was isued judgments against was were I was self employed. And was not aware of what was going on I held on to 2012 till I became sick loosing my homes my compianies loosing everything when I was not aware this was going on
Expert:  CalAttorney2 replied 1 year ago.

The court can award you damages related to the hospital's negligence - so your medical condition, treatment, and disability.

The court cannot award you damages due to loss due to stress, foreclosure, etc.

If you can prove that you would have earned millions of dollars had you not been disabled, (future lost wages claim) then you can recover them. But you have to be able to base your lost wages claim on actual lost wages (so it is calculated on what you earn, and are reasonably expected to earn going forward.

I really encourage victims of medical malpractice to speak with local plaintiff's attorneys to go over their cases, discuss their damages in detail, what is recoverable, what is not, what reasonable expectations for outcomes are (both pre-trial (most cases settle pre-trial), and post-trial - remember you are looking for the best net-recovery, and there is a lot of guess work and speculation here).

A local attorney can help you with all of this and if you are working with an attorney on a contingency fee basis, they have "skin in the game" (meaning they have an interest in maximizing your recovery, above and beyond their fiduciary and ethical duties to you as a client).