When one is a patient at a hospital, one expects to receive the appropriate level of medical care such that one can recover from surgery, injury or whatever condition caused one's admission to the hospital. However, there are occasions where the treatment falls short and results in an injury to the patient. In such an instance, there may be grounds for a lawsuit against the hospital based upon hospital malpractice.
How Hospital Malpractice Occurs
Hospital malpractice can arise in different ways. Some more frequent instances of hospital malpractice include the following examples:
- hospital personnel error, such as medical errors
- hospital personnel's failure to get a full medical history for a patient
- the administration of the patient's wrong blood type
- performance of unnecessary or improper surgery
- performance of a surgery while a hospital staff member is under the influence of alcohol or drugs
- hospital personnel's failure to monitor a patient
- hospital personnel's failure to respond to a patient
Proving a Hospital Malpractice Lawsuit
Every jurisdiction has statutory or case law based elements which are necessary to demonstrate to a judge or a jury in order to prove a hospital malpractice lawsuit. While each state's particular legal requirements vary, the basic hospital malpractice legal elements include the following:
- the hospital's care fell below the level of the accepted standard of medical care
- this deviation resulted in an injury to the patient
- and the injury has caused a severe injury and/or permanent disability
Damages in a Hospital Malpractice Case
Damages in a hospital malpractice case can include the following, depending upon the nature, extent and proof of the injuries:
- pain and suffering
- hospital bills
- future medical care
- loss of income
- disability
- disfigurement
- loss of consortium
- future therapy costs
- emotional suffering
- loss of future earnings
- compensatory damages (designed to compensate the victim)
- punitive damages (designed to punish the wrongdoer and deter future similar conduct)
Getting Legal Help
If one has suffered an injury due to perceived hospital malpractice, one should speak to an experienced medical malpractice attorney as soon as possible. A skilled medical malpractice attorney will be able to look into a case in order to assess whether there is a valid claim. Moreover, a seasoned legal practitioner can analyze one's legal options and help one select the most appropriate option in light of all of the surrounding circumstances. In addition, an experienced medical malpractice attorney will have the ability to understand any recent medico-legal advances which will be able to further one's case. Finally, an attorney can work diligently on his or her client's behalf in order to get the compensation that the client deserves in a hospital malpractice case.
