You can sue a hospital for medical malpractice. Doctors are not the only members of the healthcare community who can get sued when substandard medical care causes harm or injury to someone. This blog discusses when you can sue a hospital for medical malpractice and the legal implications of doing so, as explained by an attorney.
When you file a medical malpractice lawsuit against a hospital, you will face a fleet of defense lawyers from its professional liability insurance carrier. You do not want to try to tackle the billion-dollar insurance corporation and its legal team by yourself. Instead, partner with our medical malpractice lawyers to even the playing field.
You Can Sue a Hospital for Medical Malpractice
California law outlines the legal rights of medical malpractice victims. CACI No. 514 says that hospitals must exercise reasonable care toward patients. Specifically, this jury instruction defines the duty of a hospital as such: “A hospital must provide procedures, policies, facilities, supplies, and qualified personnel reasonably necessary for the treatment of its patients.”
When a hospital fails to measure up to the standards set by California law, and that failure causes harm to a patient, the hospital could be liable for medical malpractice.
Reasons Why Hospitals Get Sued for Medical Malpractice
Here are some reasons that a person might sue a healthcare facility for malpractice:
- Staffing issues. Hospitals must ensure they have enough staff to meet patients’ needs. For example, a hospital could find itself in a hospital negligence lawsuit after a patient passed away because there were not enough nurses on the floor to answer the “Call Nurse” button within a reasonable time.
- Lack of training or supervision of hospital staff. Hospitals may be liable for medical errors due to inadequate staff training or supervision, including cases where untrained staff administer incorrect dosages or when the hospital ignores complaints about an employee under the influence causing harm to a patient.
- Failure to create or follow property protocols to ensure an acceptable level of healthcare services. Well-run hospitals have protocols to ensure patient safety and well-being. By way of example, if the hospital failed to do a brain CAT scan of a patient with severe headaches and vomiting as required by the facility’s protocol before discharge, and the patient had an undiagnosed brain tumor, the hospital could get sued.
- Faulty equipment that failed and injured a patient. A patient could suffer injuries if, for example, overhead x-ray equipment fell and landed on them. If the hospital knew about the instability of or failed to properly maintain the equipment, the facility could be liable.
- Inaccurate test results. Laboratory equipment must be calibrated frequently to confirm the accuracy of the results. If the hospital failed to check its lab equipment with reasonable frequency, and incorrect lab test results harmed a patient, the patient could sue the hospital.
These are but a few examples of the many ways that negligence on the part of a hospital could harm patients and subject the hospital to liability in malpractice cases. According to Johns Hopkins Medicine, medical mistakes are the third leading cause of death in the United States, taking the lives of more than 250,000 people a year.
If you or a loved one suffered injuries from a hospital’s negligence, you’re not alone. What’s more, you have the support of our medical malpractice attorneys. We can investigate the medical error that caused your injury and work to hold the negligent care provider responsible.
Your Medical Malpractice Lawyer Can Recover These Damages
In a successful medical malpractice lawsuit against a hospital, you could recover:
- Additional medical expenses to repair or treat the harm that resulted from the medical negligence
- Lost wages if you could not work to earn income while recuperating from the injury
- Anything you spent out of pocket on in-home assistance, childcare services, and temporary transportation arrangements
- Pain and suffering for the physical discomfort and emotional distress caused by the medical error
- Other non-economic damages, like loss of function, loss of enjoyment of life, and disfigurement
If you’re filing a wrongful death case on behalf of a late loved one, you could recover other damages than those listed here. With an attorney’s support, you can secure compensation for funeral costs, burial fees, and the decedent’s pre-death pain and suffering.
KJT Law Group Offers Legal Support Without Charging Upfront Fees
You do not have to pay upfront legal fees to get help suing a hospital. That’s because KJT Grupo de Derecho operates on a contingency-fee basis. Here, we don’t request upfront fees, retainers, or other costs; we get paid from the funds we secure on your behalf. Our medical malpractice firm offers a free initial consultation where you can learn about your options. Call now to begin. Dial (818) 507-8525.