Unfortunately, there are all too many instances where patients enter the hospital and fail to receive the appropriate level of medical treatment. In such a case, the patient may develop a serious injury and in some cases, may die. Subsequently, a medical malpractice case may result based upon neglect of the hospital.
How a Hospital Neglect Case Arises
Neglect cases arise against a hospital when a patient receives a lack of appropriate medical care. In this instance, the type of case is rooted in medical malpractice. In a medical malpractice case, a health care provider fails to provide the accepted standard of care which results in an injury, or death of a patient. The patient may receive substandard care, or simply be ignored despite having urgent symptoms. Furthermore, neglect cases can arise where a hospital fails to diagnose the patient’s illness and the patient sustains an injury as a result.
Typical Scenarios of Hospital Neglect
There are some common ways in which hospital neglect arises. These scenarios include, but are not limited to the following:
- anesthesia error
- emergency room error
- surgical error
- medication error
- physician impairment (where a physician is under the influence of drugs/alcohol)
- failure to diagnose a condition/illness
- failure to timely treat a patient
- birth injury/trauma
- improper procedure
Filing a Lawsuit Against a Hospital for Neglect
When a lawsuit is filed against a hospital for neglect, there are various parties which could be named in the lawsuit. Generally, the parties can include:
In addition, there are various arguments which can be asserted against the hospital for the neglect. Generally, these arguments will allege that the hospital failed to provide the appropriate level of care and therefore was neglectful to the patient which caused the patient's injury or death.
Types of Damages Which Can Be Sought
Every jurisdiction has different rules regarding the type and amount of damages one can seek in a hospital neglect case, so it is imperative to check with the laws of one’s state. However, generally, the following types of damages can be recovered in a neglect case:
- medical bills
- punitive damages (these are damages designed to punish the wrongdoer)
- compensatory damages (designed to compensate a victim)
- lost future earnings
- lost wages
Getting Legal Help
Hospital neglect cases are complicated. Therefore, one should seriously consider retaining an experienced medical malpractice attorney. An experienced attorney can not only review one’s case in order to determine what options one may have, but also an attorney can help one select the most appropriate course of action.
