Grounds to Sue a Hospital for Malpractice

If a patient suffers an injury due to medical malpractice in a hospital, they may have the right to file a medical malpractice lawsuit against the hospital. In order to seek compensation for a medical malpractice injury that occurred in a hospital, it is necessary to prove that there are grounds for a medical malpractice suit.

What Are the Grounds to Sue a Hospital for Malpractice?

In order to bring a medical malpractice lawsuit against a hospital, four fundamental elements must be present in the facts of the case.

Duty

It must be shown that the hospital owed a duty to care for the patient to the required standard of medical care.

Breach of Duty

The next step in proving grounds for a medical malpractice lawsuit is to show that the care provided by the hospital was not up to the accepted medical standard that is required by their duty.

Some Common Types of Hospital Negligence are as follows:

• Wrong Site Surgery
• Surgical Malpractice
• Hospital Misdiagnosis
• Failure to Follow Up with Prescribed Treatment
• Failure to Diagnose Accurately
• Emergency Room Errors

Injury

It is necessary for an injury to have occurred to the patient in order to sue the hospital. The injury determines the amount of compensation that will be demanded by the lawsuit. Without an injury, there are no damages for which to seek compensation from the hospital.

Causation

The final grounds for suing a hospital is a legal concept called “causation”. This concept says that there is a direct causal relationship between the breach of duty, or negligence, and the injury. In other words, the hospital staff or doctors negligence directly caused the injury to the patient.

Do I Have a Medical Malpractice Case?

If you believe that you or a loved one suffered an injury due to medical negligence or a medical mistake or error, talk to a medical malpractice attorney now. There are time limits for filing a medical malpractice lawsuit, so it’s important to talk to a specialized medical malpractice lawyer immediately. All of the medical malpractice lawyers on this site will offer you a free initial consultation, where you can explain the details of your case and get legal advice regarding your options and how much your case is worth.