Jun 07, 2018 · How Can a Lawyer Help With a Hospital Negligence Lawsuit? Most hospital negligence claims can be difficult to understand, especially if they involve legal theories like vicarious liability. If you have any issues involving the negligence of a hospital, you may wish to contact a personal injury attorney in your area for advice. Your attorney can assist you in filing …
All hospital patient neglect case consultations are free, there is no obligation to retain our firm, and we only get paid if you make a recovery on your case. Start the conversation now by calling Senior Justice Law Firm for a free hospital patient neglect lawsuit case consultation: 1 …
If you or a loved one suffered an injury because of a medical professional’s negligence, you can count on us to deliver the best results in your case. Contact Morgan & Morgan All law firms are not the same. They don’t all have an army of 700-plus attorneys and thousands of team members collaborating to get their clients the best outcomes.
At Sugarman Law, we put clients first in our fight to hold doctors and hospitals financially responsible for their negligent actions. If you believe you have been the victim of hospital negligence, call Barry Sugarman and his dedicated team of hospital negligence lawyers toll-free at 1-866-657-5660 to schedule a free initial consultation.
If the hospital staff fails to follow the standard of care and endangers, ignores or harms the patient, this is considered hospital negligence. Hospital neglect or nurse abuse are non-legal terms that fall under the umbrella of hospital negligence.
While the development of pressure ulcers may be unavoidable in certain situations, a hospital’s failure to first prevent, then timely treat, a pressure ulcer that forms on their watch will, in most cases, constitute negligence on the part of the hospital.
Environmental factors often play a key role in hospital falls. An obvious example would be an incident wherein maintenance staff leave a floor wet and slippery, causing a patient to slip and fall. However, other, less obvious environmental factors can also contribute to causing a hospital fall, such as: 1 floors made of slippery material, 2 the failure to use non-slip socks, 3 the failure to provide non-slip mat for patients determined to be at high risk of falls, 4 lack of bed rails, 5 uneven flooring, 6 dim lighting or lack of lighting, 7 and corridors or stairwells that are obstructed or cluttered.
Another instance of this may occur when hospital facilities are not properly sanitized, therefore causing infections to spread, or when hospital staff fail to perform an act, such as when patients do not receive prompt and appropriate medical care from the hospital.
Falls are often caused by a combination of factors such as the condition of the patient, environmental factors, inadequate fall precautions and lack of hospital oversight/staff training. Environmental factors often play a key role in hospital falls.
Surgical puncture errors refer to events when doctors inadvertently puncture an organ, nerve, artery, or muscle during a surgical procedure. This can be due to overworked or underqualified staff, rushed procedures, and/or confusing a nerve for an artery or vice versa. Although many patients may assume that such surgical errors only occur in complicated, high risk procedures, this is not the case. For example, a routine colonoscopy can lead to a punctured bowel.
Hospitals that are short staffed, have staff that are not properly and continuously trained in fall prevention measures, and do not properly address environmental factors that can cause a patient to suffer a fall have also failed to provide that patient with a reasonable level of care.
Hospital Malpractice. In some cases, the hospital itself may be liable in a medical malpractice lawsuit. Hospitals must adequately evaluate prospective employees. That includes evaluating their prior experience, certifications, and level of education. If a hospital hires an incompetent or underqualified staff member, ...
Medical negligence refers to a negligent act or omission – for example, removing the wrong organ or leaving a surgical tool in a patient’s body – that causes injury.
Unfortunately, that trust isn’t always rewarded. In some instances, the actions (or lack thereof) of a healthcare professional may rise to the level of malpractice.
Medical malpractice occurs when a healthcare professional provides treatment that deviates from accepted standards of care within the medical community, thereby causing injury to a patient. If a doctor, surgeon, hospital, or another party was medically negligent, they may be liable for any ensuing losses.
Failure to meet these and other standards may be grounds for a medical malpractice lawsuit. In addition, hospitals can be held vicariously liable if an employee or staff member causes injury to a patient, provided the employee was acting within the scope of their employment at the time the negligent act took place.
Some examples of negligence by an anesthesiologist include: Administering the wrong type of dose of anesthesia. Administering anesthesia too late.
Examples of emergency room negligence include: Misreading charts, x-rays, or MRIs. Failing to diagnose a condition. Making an incorrect or delayed diagnosis. Making medication errors.
You never expected to leave the hospital feeling worse than when you got there. If you’re one of the thousands of New Jersey patients who suffered negligence at the hands of your doctors and caregivers while in the hospital, though, that’s your terrible new reality.
In the legal arena, we say that hospital negligence occurs when medical professionals fail to adhere to generally accepted professional standards.
Hospital negligence can occur in any number of ways. Some of the deviations from the standard of care that most commonly result in medical errors at hospitals include:
For a lawyer to show that a doctor, nurse or other hospital staff member was negligent, there are several important elements we must establish. In each of the hospital negligence claims Barry Sugarman handles, he works to show that:
Any one of these mistakes caused by hospital negligence can lead to severe and long-lasting complications and even death. Serious complications that can result from hospital negligence include:
Many patients don’t even realize, at first, that a doctor or hospital staff member’s negligence was the cause of their suffering. All you know is that you expected to leave the hospital on the road to recovery, but instead, you’re worse off than ever.
Hospital negligence cases are usually complicated by the fact that everyday people are not educated about the practices that are accepted in the medical community. You trust the doctors and hospitals to act on your behalf.
Negligence is based on a person’s failure to do something, rather than their actual actions. However, lawsuits against hospitals may involve various legal claims and theories besides negligence. Lawsuits involving hospitals are most commonly related to some sort of medical malpractice.
Hospital lawsuits are different from malpractice suits against an individual doctor, as proceeding in the lawsuit against a corporation is different than suing an individual. For example, when initiating a lawsuit against an individual, you may serve them directly with your lawsuit.
In general, hospital lawsuits are personal injury lawsuits arising from injuries suffered by a patient. Those injuries are usually based on negligence, or a failure to use reasonable care which results in the damage or injury of another person. Negligence is based on a person’s failure to do something, rather than their actual actions.
Medical malpractice refers to the negligence of a healthcare professional resulting in the injury of a patient with whom they have, or previously had, a professional relationship. Under the corporate negligence doctrine, the hospital itself may be held responsible for a mistake made by a doctor or other staff employed by the hospital.
Under the corporate negligence doctrine, the hospital itself may be held responsible for a mistake made by a doctor or other staff employed by the hospital. Lawsuits could also involve hospital-wide policies that fall below state medical standards.
Lawsuits could also involve hospital-wide policies that fall below state medical standards. Medical malpractice liability can often involve more than one party, and may be split between both a doctor and a nurse whose negligence caused the patient’s injury.
However, when initiating a lawsuit against a corporation or hospital you will often have to find their registered agent first, and serve that individual with the lawsuit.
Proving liability in a hospital claim can be incredibly difficult. It is not enough to simply show that you suffered a poor outcome or that you didn’t get better after receiving treatment.
Carter Mario Law Firm has experience handling a variety of hospital negligence claims and can help determine who caused your preventable injuries.
At Carter Mario Law Firm, we make it our mission to go above and beyond to ensure our clients have an enjoyable experience with our firm. Not only are we available to assist you 24 hours a day, 7 days a week, but we also offer around-the-clock online access to your file.