How do I prove that my hospital was negligent in my malpractice civil suit?


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Question:

How do I prove that my hospital was negligent in my malpractice civil suit?

Answer:

In order to prove hospital negligence in a malpractice lawsuit you have to be able to prove four different things:

  • That the hospital understood that a patient relationship existed and they were providing medical treatment.
  • That the hospital staff provided care that was below standards of what should have been expected, given similar circumstances.
  • That you were injured or caused harm by the actions (or lack of actions) by the hospital staff or equipment.
  • That the injury or further harm you suffered was solely the result of the hospital's negligence, and not because you were already sick or injured when you sought treatment.

If any of these things listed below have happened to you or a loved one, it is possible you may have been the victim of hospital malpractice.

  • Your condition was misdiagnosed, or you were not properly monitored given your condition.
  • Appropriate diagnostic tests were not ordered, or were not interpreted correctly.
  • You were given the wrong medication, or the dose you were given was incorrect.
  • Anesthesia was not used properly.
  • Medical equipment malfunctioned.

One of the difficult things about proving medical malpractice is that you usually arrive at the hospital with something else wrong with you. It will be up to medical experts, other doctors, to determine if the additional harm you suffered was the result of preventable or avoidable negligence or simply the result of an expected (even if uncommon) side effect of your original illness or injury.

Keep excellent records of what happened, the treatment you received and what you were told by hospital personnel. Focus on getting better, but make it a priority to meet with a medical malpractice attorney as soon as feasible if you suspect malpractice.

References:

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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