Can You Sue a Hospital for Medical Negligence?

When people are sick or hurt and go seek medical care, they place their trust in healthcare professionals. In return, they expect them to provide competent and safe treatment. However, when medical negligence occurs, it can have severe consequences for patients and their families—and it happens more often than you may think.

A study conducted a few years back projected that over 250,000 people lose their lives annually as a result of medical mistakes. This alarming statistic places medical errors as the third most prominent cause of death in the United States, following cancer and cardiovascular diseases. Even more shocking, another study found that 21% of Americans reported being the victim of some type of medical error while 31% said they know a close family member or friend who was.

Medical negligence refers to situations where a healthcare professional fails to provide a reasonable standard of care, resulting in harm to the patient. It can encompass a wide range of actions or omissions, such as:

• Misdiagnosis
• Surgical errors
• Medication mistakes
• Birth injuries
• Failure to obtain informed consent

Addressing medical negligence cases is essential not only for the affected individuals seeking justice and compensation, but also for promoting accountability within the healthcare system and encouraging improvements in patient safety. If you or someone you care about is experiencing medical complications resulting from the negligence of a hospital, it is crucial to take immediate action.

Are hospitals responsible for their employees?

When it comes to medical negligence, hospitals can actually be held legally responsible for the actions of their employees. This means that you have the potential to sue a hospital if you believe they are at fault for the medical negligence you experienced while under their care. In order to fulfill their duty, hospitals should have established policies and procedures in place to guarantee that patients receive appropriate and safe treatment. If a hospital fails to meet this level of care and it results in harm, they could be held accountable for their negligence.

Breaking down medical negligence laws

If a healthcare provider or hospital did not do their job correctly or made a mistake that caused harm to the patient, then the patient can likely sue. However, there are some things that need to be proven in order to have a solid case. To prove a medical negligence claim, there are certain elements that need to be established:

• Duty of care. The first element is showing that the healthcare provider had a duty to provide care to the patient. In other words, there was a professional relationship between the patient and the healthcare provider, and the provider had a responsibility to provide competent care.
• Breach of duty. The second element involves proving that the healthcare provider breached their duty of care. This means showing that they didn't meet the accepted standards of their profession or acted in a way that deviated from what a reasonable healthcare provider would have done in similar circumstances.
• Causation. The next is establishing a causal connection between the healthcare provider's breach of duty and the patient's harm or injury. It needs to be demonstrated that the harm suffered by the patient was a direct result of the healthcare provider's actions or negligence.
• Damages. The final element involves proving that the patient suffered damages as a result of the healthcare provider's negligence. These damages can include physical pain, emotional distress, additional medical expenses, loss of income, or other negative impacts on the patient's well-being.

Why you should work with an experienced medical malpractice attorney

Dealing with medical and hospital negligence can be devastating, and it can be even more difficult to prove in court—that’s why you need to find the right team of attorneys to help you with your case. Medical malpractice cases involve complex legal principles and very specific laws. A knowledgeable lawyer who specializes in medical malpractice understands these laws and can apply them to your experience in order to ensure a solid case.

Determining the full extent of your damages and calculating the appropriate compensation can be challenging. You may not fully understand the degree of the physical or emotional damage the healthcare professionals caused. Luckily, an experienced lawyer will assess your case and determine a fair number that you should rightfully be awarded. You could be awarded compensation for damages like:

• Medical expenses: This includes the costs of medical treatments, surgeries, medications, rehabilitation, and any other necessary healthcare services related to the malpractice.
• Pain and suffering: Compensation for physical pain, emotional distress, and mental anguish, which includes both the immediate pain experienced and any long-term suffering resulting from the incident.
• Disability and disfigurement: These cover costs if the medical negligence caused a long-term, short-term, or permanent disability or disfigurement that has a lasting impact on your life.
• Loss of consortium: If the medical negligence significantly affected your relationship with your spouse, you may be eligible for compensation for the loss of companionship, intimacy, and support that resulted from the incident.

Being the victim of a medical error is devastating and can completely turn your life upside down. Fortunately, experienced medical malpractice attorneys can fight on your behalf for the financial compensation you need and deserve.