what attorney can go against a hospital

What are Some Legal Remedies Involved in a Hospital Lawsuit?

If you are successful in your hospital lawsuit, you will have some legal remedies available, both economic and non-economic. Common damages include money to compensate your losses from the injury, like for medical bills and time you needed to take off of work. You could also be entitled to other damages like pain and suffering, loss of domestic services, punitive damages, loss of consortium, and emotional distress.

Who is the main party in a hospital lawsuit?

The main party in a hospital lawsuit is generally the physician or other primary medical professional that acted negligently. The hospital and other supporting staff involved in treatment are usually just additional parties.

What are the Main Theories to Sue a Hospital?

The most common legal theory used to sue a hospital is medical malpractice. Medical malpractice is when a medical professional acts negligent when treating a patient and they are injured as a result. These individuals will be held to a higher standard of care, which will depend on their type of profession/job title. As noted, the hospital can face liability as the employer in these situations.

What are the Steps to Take to Sue a Hospital?

You should first check whether your insurance policy or the hospital’s insurance policy has any special requirements. For example, when suing a hospital for negligence, some healthcare providers (like Kaiser) require the person to submit to mandatory arbitration.

How Long Do I Have to Sue for Medical Malpractice?

Your state’s statute of limitations on medical malpractice will dictate the time limit to bring a lawsuit against hospitals. This is generally 2-3 years from the date of the injury or when the injury was discovered. However, it can be more or less time depending on what your state requires for bringing a lawsuit against hospitals.

What is the most common legal theory used to sue a hospital?

The most common legal theory used to sue a hospital is medical malpractice. Medical malpractice is when a medical professional acts negligent when treating a patient and they are injured as a result. These individuals will be held to a higher standard of care, which will depend on their type of profession/job title.

How long does it take to get a lawsuit against a hospital?

This is generally 2-3 years from the date of the injury or when the injury was discovered. However, it can be more or less time depending on what your state requires for bringing a lawsuit against hospitals. For example, say you underwent back surgery on August 1, 2020 and were paralyzed as a result.

What happens if a hospital gives you the wrong treatment?

If a hospital gives you the wrong treatment, their staff makes the wrong call, or a loved one dies in their care, you may have options to sue. Although medical professionals may be the ones who actually made the mistake, the hospital is responsible for its employees and their training. If, however, the doctor who injured you is an independent ...

What happens if you sue a doctor?

When you sue the doctor or hospital, you will often be dealing with their insurance company. In rare cases, a doctor may lose their license or go to jail. Or, a hospital could be shut down. But generally, you are suing their insurance company to compensate you for your suffering.

What happens if you make a mistake in a hospital?

If the person who made a mistake is an independent contractor, then you must take them to court with a medical malpractice attorney. If they are an actual employee of the hospital that committed medical negligence, then you may have a medical malpractice lawsuit against the hospital.

How long do you have to sue a hospital for negligence?

Discrimination (a staff member refusing to treat you do to your race, sexual orientation, your nation of origin, etc.) You generally have between two to six years to sue for hospital negligence. This is called the statute of limitations, and it varies by state.

What do you need to prove medical malpractice?

You may need medical records, dates, records of the job-related mistakes, and more to help prove your case. Your personal injury attorney will handle the medical malpractice lawsuit and will tell you exactly what they need. Without their expertise, it can be hard to know what information is relevant.

What to do if you are told something is wrong?

If your instincts are telling you something is wrong, then you should investigate your case. A personal injury lawyer is going to be the best person to have on your side when you seek justice from a hospital — you deserve justice when a hospital makes a mistake with your illness or injury.

What is a negligent action in healthcare?

Dangerous or negligent actions by hospital staff (reusing equipment or needles, leaving floors wet, stealing or abusing medications) Wrongful death of a family member.

What Kind of Hospital Patient Injuries Result in a Lawsuit?

The two most common hospital negligence injuries we litigate involve pressure sores and falls .

Who is Responsible for a Hospital Nurse’s Negligence?

In other words, the hospital is liable for the negligence perpetrated by its employees, staff, nurses and agents.

What is Hospital Negligence?

When a patient is admitted into a hospital, the hospital nurses and staff have a legal duty to ensure that patient’s safety. 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.

What are the factors that contribute to hospital falls?

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.

Why do hospitals have falls?

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.

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What happens when a hospital is not properly sanitized?

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.

What to do if you suspect negligence in a hospital?

If you suspect hospital negligence in the case of you or a loved one, your best course of action is to consult an experienced medical malpractice attorney. The attorney will be able to observe all the different facets of the case, regard how the evidence stacks up in favor of either the patient or the hospital, and inform you whether you have a legitimate claim or not.

What is hospital negligence?

Hospital negligence is a specific type of medical malpractice that involves a hospital’s administration or staff being negligent in their duties. This is distinct from other types of medical malpractice, which generally involve either physicians or medical device manufacturers making mistakes that lead to patient injury. Meanwhile, in hospital negligence, the mistakes come from the hospital crew, as opposed to the doctor. However, just because it is not the physician making the mistake does not mean the patient is not at risk of serious injury or even death; these cases can arise quite frequently.

Is hospital negligence a serious issue?

Any one (or combination) of these factors can prove catastrophic in a patient’s care, with many circumstances leading to serious injuries, misdiagnoses, falls, infections, and even childbirth issues. As a result, the issue of hospital negligence is a very serious one, as the consequences can be often lifelong and painful.

Can a hospital build a case against a hospital?

With the right attorney team, victims of hospital negligence can build a case against the hospital in pursuit of compensation. The victim or victim’s family must solely prove substandard care, and a connection between that care and the victim’s injury or death, in order to be viable for compensatory measures. This compensation can be applied to various circumstances that may arise following a malpractice, such as:

How much can you get for suing a hospital?

The settlement amount or, in the event the case goes to trial, jury award depends on the claims brought and the injuries involved when you sue a hospital for wrongful death. In Illinois, a plaintiff can typically file a lawsuit for a loved one’s wrongful death under the Wrongful Death Act and the Survival Act, which allows recovery and compensation for:

Can you sue a hospital years later?

A statute of limitations sets a time limit for parties to sue a defendant. If a lawsuit is not filed within that time, the case is typically dismissed. Plaintiffs have two years to file a wrongful death lawsuit under the Illinois statute of limitations (735 ILCS 5/13-212). This two year deadline begins when the plaintiff knew or should have known of the injury, although 735 ILCS 5/13-212 requires that the lawsuit must be brought within four years after the wrongful death regardless of the knowledge of the plaintiff.

Can a hospital be held liable for wrongful death?

When a hospital’s employees are negligent in their medical care that results in the death of a patient, a hospital can be sued in a wrongful death action pursuant to the legal theory of vicarious liability. Under vicarious liability, if an employee is negligent when acting within the scope of their employment, then their employer is also liable for the negligence of that employee. In other words, you can hold the hospital liable for wrongful death and you can sue the hospital. Instead of using employees, hospitals usually hire doctors and nurses as independent contractors. These doctors and nurses employed by the hospital as independent contractors is in an attempt to shield themselves from liability.

Is it hard to sue a doctor or hospital?

Suing a hospital or doctor can be complex. Under Illinois law, a plaintiff must obtain an physician’s affidavit and report showing that they have a meritorious claim before they can even file suit. The contents of this affidavit and report are governed by the Illinois statute 735 ILCS 5/2-622, which requires that plaintiffs include an affidavit with their lawsuit declaring that they have consulted and reviewed the factors of the case with a health professional who:

Is it medical malpractice or wrongful death?

In Illinois, whenever a person dies due to the negligence of another, the law considers it a wrongful death, even when it is due to medical malpractice. However, these medical malpractice cases are oftentimes complex and require medical reports and affidavits before a lawsuit can even be filed.

What Qualifies as Medical Negligence (Malpractice)

Medical Negligence occurs when a health professional, who owes his patients a standard duty of care, fails to uphold his duty of care and the responsibility that is expected in such a way that because of this failure, the patient suffers an injury or harm.

The Hospital Is Responsible for the Conduct of the Healthcare Provider

A hospital that is direct employer of certain healthcare such as nurses, paramedics, and medical technicians, can be sued under if a patient undergoes an injury because of the negligence of a healthcare staff member.

How to File a Lawsuit against a Hospital

If you were injured and believe it was the result of a hospital employee’s negligence, your first step should be to contact an experienced Medical Malpractice Attorney for legal help.

Contact a Medical Malpractice Attorney from The Brown Firm

At The Brown Firm we have a team of attorneys who specifically practice Medical Negligence Law and who have the experience and training to help with your case.

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