Suing a Hospital for Medical Malpractice: A Guide for Victims

If you’re a victim of medical malpractice and you’re wondering whether you can sue the hospital responsible for it, the answer is yes.

If you believe you’ve suffered harm and that your doctor can be held liable for medical malpractice, then you might be able to bring a legal claim against the at-fault doctor or medical facility. The medical malpractice lawyers at The Law Offices of Ivan M. Diamond know exactly how and when to file such claims. A member of the New York State Trial Lawyers Association, Ivan M. Diamond has been the voice of those who’ve suffered due to the negligence of others. His expertise and experience, on and off the court, are a blessing to those who seek compensation for their losses and damages.

Hospitals are places where patients can trust they’ll get the correct treatments for whatever ails them. However, when this sacred place breaks this trust nature, there are a few remedies you can lean on. This article will briefly explain to you what you need to know when suing a hospital for malpractice.

The Hospital’s Liability

You can hold the employees of a hospital liable if they aren’t independent contractors. Additionally, you need to follow some specific conditions when filing your claim to sue the hospital in question.

For instance, if one of the hospital clerks makes a mistake on your medical documents, you might be able to sue the hospital itself. This is especially true if the error prevents you from getting the right treatment.

A senior board member or doctor of the institution might also provide bad or incorrect instructions to the physician on-call. In such instances, you might be able to sue both the doctor who followed the instructions that led to the medical malpractice as well as the hospital itself.

Furthermore, the institution can be held responsible for any damages if they don’t offer the accommodations their workers need to provide the right medical attention and care.

For example, staff in the hospital might be using low-quality sterilizing equipment, which may, in turn, lead to an unhygienic and compromised medical environment. This can lead to patients suffering infections easily after undergoing surgical procedures.

So while the hospital staff members might be responsible for treating people using improper medical equipment, the hospital can be sued for not changing these tools and equipment. This is why the situation’s conditions will help determine whether the hospital in question can be held responsible for the actions or inactions of its employees.

Steps to File a Medical Malpractice Claim

If you believe you’ve been harmed due to negligent medical care, you might be considering a medical malpractice claim. This process can be complex, so here’s a basic roadmap to get you started:

1. Gather Evidence:

• Medical Records: Collect all your medical records related to the incident, including diagnoses, treatment plans, and doctor’s notes.
• Documentation: Keep copies of bills, receipts, and any documentation related to the alleged malpractice.

2. Consult a Medical Malpractice Attorney:

This is crucial. Medical malpractice cases involve complex legal and medical issues. An experienced attorney can assess your case, determine if malpractice occurred, and guide you through the legal process.

3. Understanding the Basics:

• Burden of Proof: The burden lies with you to prove four motion elements:
  • Duty of Care: The healthcare provider owed you a professional duty of care.
  • Breach of Duty: The provider deviated from the accepted standard of care.
  • Causation: The provider’s breach caused your injury.
  • Damages: You suffered damages (financial losses, pain and suffering) due to the injury.
• Statute of Limitations: Each state has a time limit for filing malpractice claims. Missing this deadline can bar your case.

4. The Legal Process:

• Demand Letter: Your attorney may send a formal letter to the nurses healthcare provider outlining your claim and seeking compensation.
• Negotiation: Often, settlements are reached outside of court.
• Lawsuit: If a settlement isn’t reached, a lawsuit will be filed. Be prepared for a lengthy process involving discovery (evidence gathering) and potentially a trial.

Reasons to Sue

There are several different reasons why you might want to sue a hospital, let alone how to go about it all. However, while the reasons might differ, the procedure of how to sue always stays the same. With that said, here are some of the common reasons patients sue hospitals.

• Surgical Errors – Numerous surgical errors happen in the United States every single year, and some of these errors are made by the staff during the surgical procedures being conducted. For instance, a surgeon might end up damaging a crucial nerve in your body while they are operating. This error can result in you having to suffer a lifetime of partial or complete body paralysis. If this is something you’ve endured, you can hold the hospital responsible.
• Failure to Treat – Failure to treat is another reason you can sue for medical malpractice. A healthcare provider might overlook medications that can effectively heal you from an ailment. They might also prescribe the wrong medication, resulting in adverse side effects. In both cases, your condition gets worse instead of getting better. You can hold the hospital liable if its employees failed to properly treat you because they lacked drug awareness.
• Documentation Errors –  As mentioned earlier, you can also sue a hospital if its staff members made errors in your medical records that resulted in you suffering more unnecessary harm. For instance, when a doctor notes down the wrong symptoms when recording the medical history of the patient.