It would be advisable to speak with a medical malpractice attorney.  You should obtain all of your medical records pertaining to this incident.  The records can be reviewed by a second doctor and that doctor can examine you and write a report supporting your malpractice claim.  Malpractice is negligence.Prior to filing a lawsuit against the ER doctor and the hospital for negligence, it may be possible to settle the case with the insurance carriers for the doctor and hospital.  Your personal injury claim filed with the insurance carriers should include your medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file your lawsuit for negligence.  If the case is settled with the insurance carriers for both the hospital and doctor, NO lawsuit is filed.  If the case is settled with the insurance carrier for one of the parties (hospital or doctor) but not both, your lawsuit would only name as a defendant the party with whom the case has not been settled.  If the case is not settled with the insurance carriers for the hospital and doctor, then both would be named as defendants in your lawsuit.  If the case is NOT settled with the insurance carriers, you will need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.