If a patient is admitted to a hospital but hospital personnel fails to provide the appropriate level of medical care and the patient sustains an injury as a result, the hospital may face legal consequences. In such an instance, the hospital may be liable for hospital neglect in a medical malpractice case.
How Hospital Neglect Can Lead to Patient Injury
Hospital neglect can lead to patient injury if the care given to a patient falls beneath the level of accepted medical care. If the care provided to the patient deviates from the professional standard of care and the patient suffers an injury or dies therefrom, this is considered medical malpractice, or hospital neglect. For example, if an inpatient develops symptoms of an infection which go ignored by hospital personnel and the infection causes sepsis which leads to the patient's death, this can form the basis of a hospital neglect medical malpractice case. The hospital's failure to recognize, treat and prevent the death of the patient represents the hospital's neglect and malpractice.
Examples Where Hospital Neglect Causes Patient Injury
Patient injuries which are due to hospital neglect include, but are not limited to, the following:
- performing surgery on the wrong patient
- performing surgery on the wrong organ or limb of a patient
- administering the incorrect medication or blood type to a patient
- administering the improper anesthesia to a patient
- leaving a medical instrument inside of a patient's body during a surgical procedure
- failing to obtain a patient's medical history which leads to an injury or death
Damages
If a patient has sustained an injury due to hospital neglect, the patient may be able to recover the following types of damages, depending upon the jurisdiction in which the patient files the lawsuit:
- future medical expenses
- hospital bills
- pain and suffering
- disability
- disfigurement
- punitive damages (these are damages designed to punish the wrongdoer and deter the conduct from reoccurrence)
- compensatory damages (designed to compensate a victim)
- lost future earnings
- lost wages
Getting Legal Help
Patient injuries due to hospital neglect can be complex and require the expertise of an experienced medical malpractice attorney. As a result, if one has sustained an injury due to hospital neglect, one should seek the advice of a seasoned attorney who has experience in handling hospital neglect cases. Not only can an experienced medical malpractice lawyer help one to determine what the most beneficial course of action is in a particular situation, but also the attorney can assist in obtaining the compensation one deserves for the injury one has sustained due to the hospital's neglect.
