My Family Member or Friend is in a Hospital, What Should I Do?

By Attorney James Ballidis
Senior Litigation Attorney
Allen, Flatt, Ballidis & Leslie

You, your family member, or friend was involved in an automobile accident and you do not know what to do. Presumably you are not still at the accident scene while reviewing this article. What to do and where to look will depend on your circumstances. There are three areas that define your course of action, each discussed in detail. Here is a summary and direct links

1. The Auto accident victim is still in the hospital emergency room:

  1. You need to get up to date medical information. See Getting Information about Your Emergency Medical Condition.
  2. You need to get to a specialist, with or without health insurance. See our Injury Guide.
  3. You need to be careful that you or the family member does not discuss in detail any facts of the accident without a lawyer first consulting with you. See Main Points of Contention in Auto Accident Cases and 3 Great Reasons to Hire an Attorney for Your Auto Accident Case. Your rights are at risk by speaking in detail to hospital administrators, doctors or insurance companies without understanding what they want and why they are insisting you give them information while you or your loved one remains in the hospital.

2. The auto accident victim is out of emergency or critical care now what:

  1. It is important to begin the process of preserving rights and the accident evidence, See Importance of Immediate Investigation. While many family members are worrying about their loved one, this is an appropriate time to consider the hiring of an attorney to handle evidence collection and processing, See 3 Great Reasons to Hire an Attorney for Your Auto Accident Case and What to Look for in an Automobile Accident Attorney.
  2. It is important to see medical experts related to your condition. Therefore review and consider medical specialists for your complaints. See our Injury Guide for help in deciding the type of expert.
  3. Do not just assume that the medical doctor referred to you by the hospital is the best for your condition. Search for a specialist. An orthopedist may simply be on rotation but not really the best at repairing a knee or hip or shoulder. You want to go to the best doctor, not simply the one next on some list.
  4. You can consult with our office or another qualified attorney. Many medical professionals are known to us and we can give you information about the specialist you are considering, or feedback on other specialists you should consider.
  5. If you have no Insurance, or HMO medical insurance issues, it is very important to involve an attorney immediately. Going to the right doctor is more important than going to the doctor that will take your case without insurance. You want to go to the best, which means that an attorney may have to arrange a lien for your treatment instead of selection under Medi-Cal or worse under an HMO. Your first priority, and ours, will be to get you healthy. The case will resolve later, but right now, explore all options to see the best doctor for your condition.

3. Begin the process of interviewing and seeking professional advice.

  1. Some clients wait until after out of the hospital or when feeling better to consider an attorney. This is not the most effective method. Why not see the attorney at the hospital. Are they familiar with the surroundings, your condition and can they help with your immediate needs. Many times I have clients call me at a hospital worried about things that are not worthy of their concern. An experienced attorney knows the issues that are important in the first few days, and peace of mind is delivered by hiring a knowledgeable attorney.
  2. Evidence collection remains an important part of every case. Not just evidence of the accident occurrence, but your medical injuries. If you are in the hospital, an expert attorney can advise you of the manner of documenting injuries. You may also need to have your doctor elaborate more fully on your condition. See our Link (Main points of contention in auto accident cases) and (Handling an auto accident case on your own).
  3. You may also want to understand the liability situation by getting the police report or checking on liability insurance. See these Links (Witness identification and statements in auto accident collisions ) and (The other driver doesn’t have insurance, what should you do). It is important that valuable time not be wasted even thought he loved one is now out of harms way and recovering, but still in the hospital.
  4. Remember that the best thing fro someone in the hospital; is to help where asked or offer, but do not pressure the victim. Sometimes the victim simply cannot handle the stress and therefore a consultation should be postponed if an attorney opinion is solicited. You are the best source of comfort so simply act on the victim’s desires where prudent, (and provided they are able to think clearly).

Once at home, most clients or potential clients are able to figure out their next step, but during that hospital stay they are frightened and a feel alone. Your help will be most welcome during that stressful time. See our Homepage if you think we can help, or call us at 1 888 752-7474.