Medical malpractice cases often include suits where a hospital is a defendant. There can be multiple defendants in one tort case. You may be suing a hospital, the doctor, anesthesiologists and other hospital staff all in one suit. Sometimes it is difficult to ascertain who exactly is responsible and other times, more than one party is responsible. An attorney can help you assess who should be included in your malpractice suit.
A Patient Can Sue A Hospital When...
If you were injured during your hospital stay or medical treatment and you think you may be entitled to compensation, here are some things to consider:
- A patient can sue a hospital and other medical staff when an injury has been sustained by the patient and it was caused by the hospital or other parties in the suit. You must prove injury as part of your malpractice case.
- The party you sue must have acted negligently. They must have done something wrong to cause you injury. You must provide evidence of the wrongdoing. In some cases, the fact that the injury occurred is proof in and of itself. Talk to your attorney about how to establish proof of negligence in your case.
- Damages must be presented. You can, in most jurisdictions, seek actual damages which can include medical treatment, lost wages and other costs. Damages that are compensatory are designed to put you in as good of a position as you would have been if the injury had not occurred. In some cases, pain and suffering are also allowed. In a few cases, punitive damages may be allowed if your tortfeasor's behavior shocks the conscience of an average person.
- Some common reasons for suing a hospital include: misdiagnosis, failure to make a timely diagnosis, failure to monitor a patient adequately, failure to follow up with treatment, mistakes occurring during birth or surgery and mistreatment.
Getting Legal Advice
A personal injury attorney can assist you with filing a medical malpractice case against a hospital or any other parties that should be held responsible for your injuries. If a hospital or other medical staff acted negligently in caring for your health, then they should be held accountable. Hospitals have a higher standard of care than the average person because patients should be able to rely on them to provide adequate health care.