You can rest assured that, as America’s largest personal injury law firm, Morgan & Morgan is uniquely equipped to handle virtually any medical malpractice case. Our attorneys can: Help you determine if you have a claim for compensation in a free case evaluation Collect and evaluate evidence in support of your claim Identify the full scope of your short- and long-term losses …
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. Medical malpractice is when a medical professional acts negligent when treating a patient and they are injured as a result.
Feb 12, 2018 · Our attorneys will not hesitate to take legal action and sue the hospital that negligently affected you or your loved one. If a delay in diagnosing lung cancer resulted in the death of your loved one or the worsening of your condition, you could sue the doctor or hospital for medical negligence.
Oct 04, 2021 · Any patient who believes that they are a victim of medical malpractice should discuss their case with a medical malpractice attorney immediately to initiate a compensation claim and seek justice for damages. Statistically, 95% of all medical malpractice cases are resolved out of court.
Medical malpractice takes place when a healthcare provider provides treatment that falls below the accepted standard of care in the medical communi...
Patients can be victims of medical malpractice in a variety of different ways. Below are some examples.Anesthesia ErrorsAnesthesia errors are one a...
You might be asking yourself, “How do I know if I have a medical malpractice case?” or “How Can I Prove a Medical Malpractice Case?” If you’re cons...
Although we touched on medical malpractice damages above, here is some more detailed information on the type of damages in a medical malpractice ca...
If you’ve determined that you might have a medical malpractice case, you probably have some questions: How do I choose a good attorney and what can...
Under laws in certain states, a statute of limitations limits the amount of time under which an injured patient may pursue a medical malpractice la...
Our attorneys at Morgan & Morgan have recovered millions of dollars for injured patients, because we’ve been doing this a long time. We know what t...
If a doctor or other staff member makes a mistake then the hospital can still be found liable as their employer. This is known as vicarious liability. However, if the doctor is not directly employed by the hospital but instead works on a contract or floating basis, then the hospital may not be an appropriate defendant.
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.
This means that before the person can file a civil lawsuit, they will need to go through mandatory arbitration. This is when the dispute is put before an arbitrator, who is a neutral third-party. The arbitrator listens to both sides, looks at the evidence, and tries to help the parties reach a resolution.
The last thing that a patient has to prove in order to be able to recover compensation for medical malpractice is that the harm caused by the practitioner's negligence actually caused some kind of damages.
The last thing that a patient has to prove in order to be able to recover compensation for medical malpractice is that the harm caused by the practitioner's negligence actually caused some kind of damages. Damages include the following: 1 Medical bills and costs associated with treating the injury that resulted from the negligence or that was exacerbated or made worse as a result of the negligence. This portion of damages covers not just past medical bills but any costs of future expected care as well. 2 Lost wages. This should include all losses, even if the plaintiff was able to take vacations or sick days. It should also include any future losses that will result if the plaintiff expects to miss more work or to be less able to earn income than in the past as a result of the injuries. 3 Pain and suffering 4 Emotional distress 5 Wrongful death if the patient was killed by the medical negligence. 6 Punitive damages if permitted by the state and if the doctor's behavior was negligent enough to be deserving of such damages.
Essentially, the plaintiff has to show that the negligence was the but for, or proximate and direct cause of some kind of damage and injury. This gets tricky because doctors or hospitals may argue that the injury would have happened and would have been the same even if the negligence had never occurred.
The duty was breached. The breach of duty was the direct cause of some kind of harm, without which the harm would not have occurred. The harm directly caused an injury for which the patient may be compensated.
A plaintiff can prove that a health care provider had a duty to provide him/her with competent medical care if there is some relationship between the health care provider and the patient. For instance: Hospitals have a duty to patients who are admitted.
A victim who has been injured as a result of negligence on the part of a health care provider may only hold the provider responsible if that patient can prove the four essential elements of a medical malpractice claim. These four elements are as follows:
Breach of Duty. Once the duty has been established, the next thing that a plaintiff must do is demonstrate that the doctor or health care professional breached that duty. In other words, something less reasonable, less careful, and less skilled must have occurred.
Lawsuits are filed against hospitals for a wide variety of reasons. As previously mentioned, negligence and malpractice are the most common. Some lawsuits may be for small or one-time incidents, while others are for larger or more far-reaching incidents.
Hospital negligence may be direct, such as: Losing, mishandling, or unlawfully transferring confidential patient records. Disregard of proper medical care standards. Due to the specific nature of a hospital environment, injuries that result in a lawsuit against the hospital often involve different areas of the law.
Hospital negligence may be direct, such as: 1 Failing to ensure that all staff meet required standards for licensing, training, and education; 2 Not maintaining sufficient staff to ensure appropriate levels of patient care; and/or 3 Losing, mishandling, or unlawfully transferring confidential patient records.
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.
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.
While some doctors are employees of the hospital, many are actually legally considered to be independent contractors. This is generally the case with surgeons. What this means is that if a patient is injured while in the doctor’s care at the hospital, the hospital is not legally responsible for the injury.
Due to the specific nature of a hospital environment, injuries that result in a lawsuit against the hospital often involve different areas of the law. Each state has its own specific laws meant to govern medical malpractice, as well as what is required to bring a lawsuit against a hospital.
The first is that your original attorney owed you a duty of care to act properly in your case. There is usually a contract or agreement between a client and attorney which affirms this duty of care. Secondly, it must be shown that your original attorney breached this duty of care.
Legal malpractice cases are two cases in one. You must prove that your attorney exhibited negligence while handling your case, and if that negligence had not occurred, you would have received a more favorable outcome, settlement, or judgment than you did. Substantial levels of re-litigation of the original case are often necessary in order ...
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The at-fault party (defendant) owed the victim a duty of care. The at-fault party breach or violated in some way his or her duty of care. The violation or breach of the duty of care resulted in the accident (ie fall from bed). The incident caused significant injury to the victim.
Nursing Home Neglect & Elder Abuse 1 All medical and health-related costs 2 Costs of future medical care and rehabilitation expenses 3 Pain and suffering 4 Mental anguish 5 Lost wages and loss of future earning capacity 6 Availability of punitive damages – where an at fault liable party displays a wanton or reckless disregard for the life and health of the victims
Every year thousands of hospitalized patients and elderly residents of nursing homes and residential care centers suffer serious injuries resulting from falling out or their beds. In many instances hospitals nursing homes and other care facilities can be held liable for injuries sustained by patients who fall from their beds.
Arbitration is a method of resolving disputes, the goal of which is to reach an out-of-court settlement in cases of medical malpractice. The arbitration hearing is overseen by a neutral attorney, a retired judge, or panel. Both sides in the case present evidence, and the panel or judge renders a judgment based upon the evidence presented. ...
Most cases settle before trial; however, cases that have resulted in severe and permanent injuries or wrongful death to the victim, often go to trial. This is not the case in medical malpractice claims involving a doctor, a doctor’s group, or one of the hospitals in the Kaiser system.
In the state of California, if you have suffered injuries from negligence on the part of a doctor, doctor’s group, or one of the many hospitals throughout the state, you have a right to file a medical malpractice claim. In California, the law requires that the act of negligence be a substantial factor in causing injury, harm, or damage. Most cases settle before trial; however, cases that have resulted in severe and permanent injuries or wrongful death to the victim, often go to trial.