When you are hospitalized, you place your health and life in the hands of multiple practitioners with the expectation of receiving competent care. Whether you are undergoing surgery, giving birth, or receiving emergency treatment, you are in one of the most vulnerable positions a person can experience. Health care providers rely on specialized knowledge. You are in a position of having to trust them to apply that knowledge correctly, often at a time when you cannot advocate for yourself.Â
Unfortunately, hospitals do not always take patient trust seriously. You have the right to pursue damages through a medical malpractice lawsuit when you are injured by hospital malpractice. You will need an experienced attorney who knows how to sue a hospital for negligence. Our medical malpractice attorneys have been standing up to hospitals for over 30 years and have developed the most effective and aggressive approach for recovering the compensation you deserve.
How Hard Is It To Sue a Hospital for Negligence?
Hospital malpractice cases are complex claims that require significant time and resources to investigate and gather evidence. You must prove that all of the following elements of negligence are present:
- Duty of care. You were a hospital patient.
- Breach of duty. The hospital failed to provide a reasonable standard of care.
- Injury. You suffered an injury you would not have suffered except for the breach.
- Proximate cause. The breach of duty is the actual and proximate cause of your injuries and damages.
Hospitals and insurance companies are often large corporations with vast resources and teams of attorneys with significant experience defending malpractice claims. Recovering damages in a malpractice case requires significant medical knowledge, familiarity with hospital administration, and knowledge of the ever-changing medical malpractice laws. Hospitals can be held liable for employee negligence, but doctors are often independent contractors, so you will need hard evidence to prove the hospital is responsible.Â
Choosing the right medical malpractice attorney is crucial. We have the resources to spend every dollar necessary to successfully prosecute your case. Our co-founder, John Perconti, is nationally known for his in-depth understanding of medical issues and has achieved numerous multimillion-dollar verdicts against large health systems.
When Can You Sue a Hospital for Negligence?
If a hospital employee’s negligence caused or contributed to your injuries, you may have a medical malpractice case against the hospital. In addition, we often find systemic deficiencies that have led to our clients’ injuries. In such cases, you can sue the facility for its own negligence. Reasons to sue a hospital include the following:
- Nursing negligence
- Medication errors
- Misdiagnosis
- Delayed treatment
- Understaffing
- Negligent hiring
- Lack of supervision
- Inadequate infection control
- Poor communication among hospital staff and departments
- Emergency room negligence
- Lack of policies and procedures during triage, surgery, childbirth, and other critical moments
What Is the Process for Filing a Hospital Medical Malpractice Lawsuit?
A medical malpractice lawsuit generally begins as an insurance claim. However, you should hire an accomplished hospital malpractice law firm like Levin & Perconti to handle your claim. Insurance companies often deny liability or offer minimal compensation. A lawsuit may be your only means of recovering the compensation you deserve. Once your attorney files, your lawsuit will undergo the following process:
- Discovery – Each side requests evidence from the other. You generally must turn over medical evidence so the insurance company can put on a defense.
- Depositions – You may be required to testify in an informal hearing under oath known as a deposition. Your attorney can also depose hospital representatives.
- Settlement negotiations – Your attorney will attempt to reach an agreement with the insurance company. The court may order mediation.
- Trial – If settlement negotiations are unsuccessful, your case will proceed to trial. A judge or jury will determine whether the hospital is liable and the compensation you’re owed.
We never settle for less than fair compensation and are not afraid to take cases to trial. Our compassionate attorneys will keep you updated on your case and guide you on your rights and options.
Should I Sue the Hospital or the Doctor?
If you are injured by medical malpractice, you may be able to sue the hospital, the doctor, and other health care providers. We often find that multiple providers are liable for the same injuries. While you may be able to sue the hospital for system-wide operations errors that led to your injuries, you may also be able to sue any number of health care providers who contributed to your injuries.
Doctors
You may be able to sue a doctor for negligence if you or your loved one is harmed by such negligence as misdiagnosis, delayed diagnosis, surgical errors, birth injury, improper treatment, failure to obtain informed consent, and emergency room errors.
Nurses
Most hospital nurses are employees, but travel nurses are often independent contractors who rotate between facilities. Nurse malpractice includes medication administration errors, failure to follow doctor’s orders, negligent infection control, Improper equipment use, and negligent communication.Â
Radiologists
Radiology malpractice includes misreading diagnostic tests, improper testing procedures, and delays in reading or reporting test results. The hospital may also be responsible in cases involving department-wide negligence, such as understaffing, outdated equipment, and poor training.
Nurse Midwives
Nurse midwives may be hospital employees or independent contractors. As independent contractors, they can be held liable for birth injuries that affect the mother or the child if they were negligent during pregnancy, childbirth, or immediately after birth.
Anesthesiologists
While a few anesthesiologists work as hospital employees, most belong to independent groups, so they can be held liable for medical errors. Common anesthesiology errors for which you could sue include labeling mistakes, incorrect dosages, failure to review medical history and check for allergies, and inadequate consideration of drug interactions.
Physical Therapists
Most hospitals have a mixture of employed and independent physical therapists. Physical therapy malpractice may include failing to supervise, overextending patient joints, and dropping patients.
Our experienced hospital malpractice lawyers can identify all the health care providers responsible for your injuries, determine their employment status, and hold all responsible parties accountable.
How Much Does It Cost To Sue a Hospital for Negligence?
When you hire our medical malpractice law firm, you will not pay any costs upfront. We will review your case with no cost or obligation. We work on a contingency fee basis. If we accept your case, we will advance the costs of prosecuting your case, such as filing and expert witness fees, without any out-of-pocket costs for you. If we recover compensation, we will collect our costs and fees from your compensation. You pay nothing unless we win.
Contact Us For a Free Case Evaluation Today
Our attorneys have over 400 years of combined experience standing up to negligent hospitals on behalf of injured patients. With over $2 billion recovered in verdicts and settlements, our knowledge of federal and state hospital malpractice laws is unmatched. Our hospital malpractice case results include the following:
- $40 million verdict against a hospital and a nurse on behalf of a 19-year-old living with permanent brain injuries due to a delayed Cesarean section
- $17.7 million settlement with a hospital for intensive care unit negligence that left a former police officer with life-altering brain injuries
- $14 million record verdict against a doctor and hospital for ignoring test results and substantially delaying a lung cancer diagnosis
- $11.5 million FTCA settlement with a U.S. naval hospital in Guam for a child who suffered catastrophic injuries from negligent neonatal resuscitation and intubation
- $8 million settlement with a hospital whose failure to treat a kidney stone resulted in a woman’s death
If you or your loved one has suffered harm from negligence at a hospital, you may be entitled to substantial compensation. Contact us for a free case evaluation today by completing our contact form or calling (312) 332-2872.
