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Can I Sue the Other Driver Who Caused My Car Accident for Medical Malpractice?

A: The short answer here is yes but not always.  Here are the typical circumstances in which a question like this occurs:  You are injured seriously in a car accident which was caused by the negligence of the other driver.  Then, later on in the hospital where you are being treated for the injuries from the accident a doctor injures you further due to the doctor’s negligence.  For example, in a leading Florida case a woman suffered orthopedic injuries in a car accident but during the surgery to repair the damage, the doctor accidently severed a carotid artery causing a severe neurological disability. 

The court decided that when a person suffers personal injury by reason of another’s negligence; the negligent person is liable for any additional harm and expense caused by the negligence, mistakes or lack of skill of an attending physician or surgeon who is treating the injuries. 

However, what if while in the hospital recovering from the injuries caused by the car accident a plastic surgeon does a facelift and causes nerve damage during that operation?  The nerve damage from the facelift is not related to the car accident and therefore you would not be able to sue the driver for that injury.  Florida law is that people who are negligent are only liable for injuries they proximately cause.

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