Asked in Personal Injury and Medical Malpractice for Georgia

Q: Can I sue a Dr or hospital for pain and suffering after I settled a medical malpractice lawsuit against them?

3 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV

A: When you settle a case it is likely you signed a release that would prevent a lawsuit. That is the reason there are settlements.

Michael W. Horst
Michael W. Horst
Answered
  • Alpharetta, GA
  • Licensed in Georgia

A: Once a case settles, the claimant (i.e., the person who was injured) signs a release. In that release, all claims against the party(ies) who caused the injury are extinguished including the claim for pain and suffering. Consequently, you may not sue a doctor or hospital for pain and suffering after you have settled and signed a release.

Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: When a case is settled, a release is usually signed. Basically, it usually means no more claims for injuries or damages - the matter is closed. Money offered in settlement is for all claims, present and future, known and unknown. This is generally wording. The terms of actual releases can differ. You could review your file with an attorney, but if you signed a release, that may confirm final conclusion of the matter. Good luck

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