Hospital negligence refers to negligence in providing medical care or treatment to a patient. In such cases, the patient can file a hospital negligence lawsuit for compensation against the hospital for injuries, pain and suffering caused by the improper or negligent medical care.
What constitutes hospital negligence?
Hospital negligence includes:
- failure to diagnose
- misdiagnosis of a medical condition
- failure to provide correct treatment for a medical condition including administration of proper and correct medication
- not providing the treatment in reasonable time
- improper post operative care
- unhygienic surroundings
- lack of cleanliness
- wrong or incorrect medication
- wrong use of anesthesia
- incorrect use of medical equipment
- no informed consent
- performing surgeries that are not required
Sub-standard hospital procedures that result in infections and injuries are also considered as hospital malpractice.
What is the duty of care?
Hospital staffs owe a duty of care to patients. When a patient visits a hospital for treatment, he or she expected to be cured. Since human lives are involved, hospital staffs are expected to discharge their duties competently and carefully. However hospital staffs are humans after all and humans do commit mistakes despite their good intentions, training and skills. When any member of the hospital staff does something which he or she is not supposed to do in the circumstances or does not do something which he or she must do in the circumstance, it will amount to hospital negligence. If the activities of the doctors and other staff working in the hospital are essentially controlled by the hospital, they will be considered as agents of the hospital and the hospital will be liable for their mistakes or negligence. Besides doctors, hospital staff includes technicians, anesthetists, x-ray technicians, etc.
Can the hospital be sued?
Generally victims of hospital negligence can file personal injury lawsuits against the hospital for the injury, pain and suffering. However if the negligence has resulted in death of the patient, the surviving relatives of the deceased patients can file a wrongful death lawsuit against the hospital. In a hospital negligence lawsuit the plaintiff must prove that the negligence resulted in the injury, pain and suffering. Generally the services of an expert witness will be required to establish that the hospital staff did not discharge their duties in the manner they ought to have.
Getting Legal Help
Victims of hospital negligence can seek compensation from the hospital for the injury, pain and suffering. An experienced medical malpractice attorney can assist victims of hospital negligence to get the compensation they deserve.
