Medical malpractice occurs when a physician, nurse or treatment facility engages in a reckless or negligent manner and thereby causes more injury to a patient. Hospitals are susceptible to medical malpractice claims, either individually or because it employs a nurse or physician that behaved poorly.
Hospitals and Employee Relationships
Most hospitals employee a certain number of doctors and nurses but also permit other privileges to other physicians to use the facility. A hospital is not directly liable for a visiting physician’s malpractice, but may be if it knew of previous improper treatment and did nothing to protect its patients.
Wrongful Death
The most serious indication that it is time to bring suit against a hospital is when an individual dies as a result of the treatment or lack of treatment he received at the hospital. This could take the form of a patient dying due to misdiagnosis or mistreatment, being over-anesthetized during surgery, or being provided with the wrong medication. A mistake that would not have occurred if the nurses, doctors or other employees of a hospital engaged in reasonable, easily accomplished tasks is indication that you should bring a claim.
Extreme Negligence
Nurses and doctors are often treating multiple patients at the same time. A patient that is neglected and suffers additional or new injuries is indicative of extreme negligence. In this situation, you might bring suit against the hospital.
Refusal to Treat
A hospital is legally required to treat every patient that walks through its doors and is in need of immediate medical care, regardless of whether that patient is insured. A hospital may inquire into insurance only after a patient is stabilized. A hospital that refuses to treat a patient in need of emergency care can be sued for failing to abide by the law.
Improper Treatment
Many hospitals are teaching hospitals, meaning that they commonly provide instruction to new doctors and try new medications on patients. A patient must be told that he may be subject to treatment by a student doctor and must agree to undergo newly developed treatment methods, such as ingesting newly developed drugs that are still in the trial period. Failing to do this may make the hospital liable for any injury caused by the new doctor or trial treatment.
Talk to a Medical Malpractice Attorney for Advice
If you feel that you or a loved one has been mistreated while in a hospital’s care, seek legal assistance. An attorney will analyze the facts of your claim to see whether the hospital can be held liable for damages.
