How do I sue a hospital for negligence?

A common question posed to medical malpractice attorneys includes “How do I sue a hospital for negligence?” In short, any patient will have to consult with a medical malpractice lawyer in the state where their specific medical procedure occurred to determine whether they have viable legal grounds to sue a hospital, as well as how. However, the following are considerations a patient must make when considering how to sue a hospital for negligence:

• In virtually all states, a patient can file suit against a hospital (name the hospital as a liable defendant in a medical malpractice case), if the negligence stems from acts of negligence committed by direct employees of a hospital, per the doctrine of respondeat superior.

• Depending on state statutes concerning vicarious liability of hospitals, a patient may also be able to file suit against a hospital for the negligence of non-employees or indirect employees under certain vicarious liability laws. These laws widely vary from state to state, and in turn, will depend on the case-specific factors of each claim.

• In limited instances, a patient may sue a hospital directly, instead of any individual employee, actions, such as refusal to treat, premature discharge, hospital-acquired infections, or other case-specific considerations. Additionally, a patient may also sue a hospital directly for the negligence a definite non-employee, who was allowed to operate within the hospital, if the hospital knew the doctor posed a risk to patients.

In practice, the only reliable method of determining whether you can sue a hospital, including the specific process of how to sue a hospital in your case, you must consult with a medical malpractice lawyer as soon as possible following the discovery of negligence or damages.