When you or a loved one needs medical care, you expect to receive skilled and attentive medical treatment. Hospitals and healthcare providers have a duty to diagnose conditions accurately, administer proper treatment, and respond promptly to medical needs. Unfortunately, sometimes doctors, nurses, or other medical professionals fail to follow proper protocols or overlook critical information, leading to significant issues or even death.
If you suspect hospital negligence, do not wait to contact a medical malpractice lawyer for help. At Shelsby and Leoni, we provide the experienced guidance necessary when filing hospital negligence claims. We can investigate the incident, gather evidence, and aggressively negotiate with malpractice insurers to help you fight for the compensation you deserve.
What Is Hospital Negligence?
All individuals and entities must act reasonably to avoid causing harm to others. In most personal injury claims, there are four components of negligence:
- Did the defendant owe you a duty of care?
- Did the defendant breach such duty of care?
- Did you suffer harm due to such a breach?
- Are you entitled to damages for the harm suffered?
In medical malpractice claims, the threshold for proving negligence is much higher, primarily due to the higher duty of care owed to patients. In such cases, you must establish that the healthcare provider owed you a responsibility to offer reasonably competent care and to abide by the safety standards. This is typically done by showing that another medical professional with the same level of training and experience would not have made a similar error.
An example of negligence in a hospital setting may involve a failure to diagnose cancer, where you would have to show that the hospital’s failure to perform relevant procedures resulted in a missed diagnosis. If this further worsened your condition, you could file a failure to diagnose lawsuit for such negligence.
Hospital Negligence Cases Shelsby & Leoni Has Experience With
Some of the common hospital negligence complications our clients have experienced include:
- Infections (invasion of the body by harmful organisms, like bacteria and parasites)
- Bed sores (patches of damaged skin and tissue that occur as a result of sustained pressure and reduced blood flow)
- Dehydration (when you use or lose more fluids than you take in, and your body can’t carry out its normal functions)
- Food poisoning (when you ingest food contaminated by toxins or bacteria)
- Malnutrition (deficiencies or imbalances in nutritional intake)
- Lack of patient supervision (when a medical team does not sufficiently monitor patients)
- Medication errors (when patients are given the wrong medications or dosage)
- Surgical/anesthesia errors (mistakes that take place during a surgical procedure, including incorrect anesthesia doses)
- Wrongful death (someone dies as a result of negligence)
If you are wondering how to sue a hospital for negligence, get in contact with our team as soon as possible so you can file a comprehensive claim on time. Our experienced attorneys can guide you through the legal process to help you pursue the compensation you deserve.
What Can You Sue a Hospital For: Common Hospital Negligence Claims
There are several common examples of negligence that lead to medical malpractice claims.
Diagnosis Errors
Getting the appropriate treatment for a medical condition requires first receiving an accurate diagnosis. This can be a challenge in some cases. A failure to diagnose correctly and promptly can result in worsening conditions that require more serious interventions or decrease your chances of fully recovering.
If a medical professional didn’t order the necessary diagnostic tests, misinterpreted them, or didn’t take patient concerns seriously, hiring an attorney could make it easier to file a lawsuit.
Medication Errors
Not receiving the right medication or receiving the wrong dosage can result in all manner of side effects. In some instances, the wrong drugs could be fatal as well.
Medication errors are unfortunately very common in nursing homes. These occur because of negligence involving the prescribing doctor if they were careless in ensuring their patients got the correct prescriptions, or it could involve negligence by the pharmacist who filled the prescription with the wrong medications.
Insufficient Patient Monitoring
Whether you’re recovering from a surgical procedure or getting treatment for an illness that requires you to stay at the hospital, your care team must monitor your condition closely. If they don’t provide the necessary support, like regularly turning patients who have mobility issues or ensuring that they don’t fall out of bed, that points to negligence.
Monitoring should include checking vital signs, too, and assessing bandages and wounds to prevent infections. Any failure could result in serious health consequences for a patient.
Surgical Errors
Surgical procedures carry inherent risks, but many potential issues can arise out of negligence. Surgeons who operate on the wrong body part, don’t maintain a sterile field, or leave instruments inside the patient can all be held liable.
Anesthesia Errors
Our team of medical malpractice lawyers has worked on many cases involving anesthesia errors. Anesthesia is a vital part of surgical procedures, but medical professionals who don’t provide the right dosage or who don’t monitor vital signs throughout the procedure could put patients’ lives at risk.
Birth Injuries
Healthcare providers who don’t monitor the mother and baby throughout the pregnancy and labor could miss signs of issues like preeclampsia, oxygen deprivation, and developmental problems. During the birth itself, doctors must also ensure they don’t prolong labor if there are signs of fetal distress or other issues. Birth injuries can leave a child battling health conditions for the rest of their life, so pursuing a birth injury claim can be the only way to cover the necessary care.
Hospital Negligence Claims: FAQs
Here are some of the most frequently asked questions about hospital negligence. If you don’t see yours answered here, reach out for a free consultation.
Can You Sue a Hospital for Wrongful Death?
Yes, you can sue a hospital for wrongful death in cases where a close family member passed away due to medical negligence or errors committed by hospital staff, including doctors, nurses, or other healthcare professionals.
Can You Sue a Hospital for Unsafe Discharge?
Yes, it is possible to sue a hospital for unsafe discharge if you were released too early or without proper protocol, subsequently leading to harm. Hospitals have a legal duty to ensure patients are discharged safely, i.e. after a thorough medical assessment and adequate post-discharge instructions, including follow-up appointments.
Are There Any Injuries That Are Impossible to Prove?
The most difficult injuries to prove are those that occur because of nerve damage. Pinched nerves, for example, are much more complex to spot than more serious injuries. You could experience pain and range of motion issues, but the actual injury may not be visible on imaging tests.
Is It Difficult to Win a Medical Malpractice Case?
Medical malpractice claims are highly complex and can be almost impossible to win without representation. Proving that the patient’s standard of care was breached may require testimonies of other medical professionals who can attest to the negligence.
Moreover, patients who suffer malpractice are usually already sick or in need of medical care. This can make it difficult to prove that the symptoms you’ve suffered are the result of negligence and not the underlying condition.
What if My Hospital Negligence Case Needs to Go to Trial?
If your case proceeds to trial, you will need experienced representation to help you through the process. At Shelsby and Leoni, P.A., we have years of litigation experience that have allowed us to help clients receive both settlements and verdicts. Our team is committed to fighting for your rights, ensuring that negligent hospitals are held accountable for their actions.
What Happens to Doctors Who Are Found Liable for Medical Malpractice?
Doctors who are found liable for medical malpractice can face many consequences, beginning with potentially being investigated by licensing and certification bodies. Because doctors must be licensed in the state where they work, having their credentials at risk could mean not being able to practice medicine again. Even if the licensing board doesn’t revoke their license, they could suspend the doctor or limit their practice.
Let Our Hospital Negligence Lawyer at Shelsby & Leoni, P.A. Help You
If you were hurt or injured while under the care of a hospital, call Shelsby & Leoni, P.A. for help. We are skilled trial lawyers with many years of combined experience in handling hospital, healthcare provider, and doctor malpractice claims in Delaware, Maryland, and Washington D.C. We will fight to get you the maximum compensation you deserve.
If you or a loved one has been hurt, mistreated, or injured at a hospital, reach out to Shelsby & Leoni for a free consultation.