Hospital Malpractice includes any type of medical negligence that occurs in a hospital setting, including errors by doctors, nurses, technicians and other hospital staff. Some of the most common situations may include:
- Surgical errors that involve removal of wrong body part
- Unnecessary surgery
- Leaving a sponge, instrument or other object in patient after surgery
- Incorrect diagnosis by a doctor
- Improper use of anesthesia
- Failure to order proper tests
- Hospital infection
- Misdiagnosis or Incorrect Diagnosis
- Failure to consult with a specialist
Proving Negligence in a Hospital Malpractice Suit
In order to prevail in a hospital malpractice suit and prove medical negligence, you must prove that the hospital staff acted unreasonably and that the conduct of the hospital staff was a direct cause of injury. Unless both of these issues are proven to be true, you may not have a valid case.
A hospital staff is not negligent simply because their efforts were unsuccessful. The failure of a treatment is not negligence if it was an accepted treatment based on the information the doctor had when the choice of treatment was made.
Special Laws That Apply for Hospital Lawsuits
The statute of limitations requires that the lawsuit is filed within a specific timeframe. If the case is not filed within that timeframe, it will be barred regardless of its merit. In some states, before the malpractice case can start, the party bringing the claim must provide a written document signed by a hospital expert confirming that hospital malpractice was committed and that it was a direct cause of the claimant’s injuries.
If you have been seriously injured due to a hospital error, you may be entitled to compensation for your injuries. It is important to speak with a medical malpractice attorney to determine liability, discover your legal options, and if necessary, file a medical malpractice suit against those responsible.
