Can you sue a hospital for failing to treat a critical condition?


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Question:

Can you sue a hospital for failing to treat a critical condition?

Answer:

It is possible to sue a hospital, for the actions, or for actions not taken, of its employees. When a hospital is medically negligent, this can lead to numerous health problems for patients. If your critical condition was not treated, or was not treated properly, suing a hospital for it may be possible, but only if the hospital itself was responsible for the actions. This can be a complex area of medical law.

Determining Hospital Negligence

It is possible to sue a hospital for the actions of its employees. However, defining who an employee is can be difficult. An employee of the hospital is a professional working for the hospital and being paid by the hospital. Keep the following in mind as you consider this factor.

  • Most doctors working within hospitals are independent contractors, not employees, of the hospital. If the doctor committed medical negligence, the hospital is not necessarily response.
  • Nursing staff and medical technicians are generally hospital employees. It may be possible to sue a hospital for these professional’s actions.
  • Establishing the hospital’s procedures or rules are not safe may help you to sue a hospital.

Because of the complexity of most medical malpractice cases, especially in cases where you wish to sue a hospital, it is important to hire a medical malpractice attorney to represent you in a court of law. This professional can help determine who is responsible for the negligence you are experiencing and help you to prove that level of incompetence or negligence. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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