When you seek treatment at a hospital, the last thing you expect is to leave with an injury caused by the very institution meant to provide care. However, incidents of negligence or incompetence can lead to patients being harmed. A study found that 31.2% (nearly a third) of physicians are sued at least once in their career. You can sue a hospital for injuries, but pursuing a medical malpractice lawsuit can be complex and requires a comprehensive understanding of the law.
4 Reasons Why You Could Sue a Hospital
In order to sue a hospital, you must generally prove that the hospital or its staff acted negligently. The following are four common reasons why a patient might have grounds to file a medical malpractice claim:
1. Misdiagnosis of a Medical Condition
Misdiagnosis is one of the leading causes of medical malpractice lawsuits. You may be able to sue a hospital that fails to diagnose a medical condition or misdiagnoses it entirely, and this results in harm to the patient, since the hospital may be held accountable for the injury.
2. Errors During Surgery
Surgical errors are another significant cause of medical malpractice claims. These may include wrong-site surgeries, operating on the wrong patient, or leaving surgical instruments inside the body. Hospitals can be held liable for the harm caused in such cases.
3. Negligence in Prescription Drug Administration
Hospitals can also be held accountable for negligence related to prescription medications. This could involve administering the wrong medication, incorrect dosages, or failure to monitor the patient’s reaction to the prescribed drugs, all of which can lead to severe harm or even death.
4. Inadequate Patient Care
If a hospital fails to provide adequate care—such as delaying treatment, failing to respond to symptoms, or not following up on necessary procedures—it may be held liable if these actions or inactions result in harm to the patient.
The Legal Process to Sue a Hospital
The process to sue a hospital for medical malpractice generally involves several steps. While the specifics can vary by state, these are the general actions you’ll need to take:
1. Filing a Complaint
Before filing a lawsuit, you’ll typically need to file a complaint with your state’s medical board and the hospital’s administration. This provides an opportunity to resolve the issue before resorting to litigation.
2. Retaining an Attorney
It’s crucial to find an experienced medical malpractice attorney who specializes in hospital-related injuries. Your lawyer will be essential in navigating the legal complexities and preparing your case for success.
3. Gathering Evidence
Your attorney will need to gather key evidence for the case, such as medical records, witness testimonies, and documentation supporting the allegations of negligence or misconduct.
4. Preparing for Trial
Once all evidence is gathered, trial preparation will begin. This includes filing necessary motions, negotiating a settlement if possible, and preparing for trial proceedings should the case go to court.
Legal Support for Medical Malpractice Lawsuits
A personal injury attorney is critical when pursuing a medical malpractice claim to sue a hospital. They act as your legal advocate, helping to determine whether negligence occurred, identifying the responsible parties, and demonstrating how the negligence led to harm.
Your lawyer will guide you through every stage of the legal process, ensuring all paperwork is filed properly and on time. They will also negotiate on your behalf to secure compensation for your damages, including medical costs, lost wages, and pain and suffering. If a settlement cannot be reached, your attorney will be prepared to take your case to trial.
We’re Here to Help
At Siri & Glimstad LLP, we are dedicated to helping families seek justice in XXXXXXXXXXX cases. For help with this or any medical malpractice questions you may have, fill out the form here to schedule a time to speak with a qualified medical malpractice attorney. It has never been more important to have a knowledgeable and compassionate advocate on your side.
