Whether you’ve been hurt in an accident, are receiving specialized treatment, or are sick, being in a hospital can be a stressful experience. We trust medical professionals to provide the best standard of care, yet hospital negligence
happens. Be it inadequate hospital staff, rushed doctors, or unsanitary conditions, if your hospital stay ends in more issues, you deserve justice. That’s where the hospital negligence lawyers of Munley Law come in.
For decades, our medical malpractice attorneys have fought for the fair treatment of the sick and injured. Allow our experienced attorneys to review your case and get you the compensation you deserve.
Call the hospital negligence lawyers of Munley Law today for a no-obligation, free consultation.
What Is Hospital Negligence?
Hospital negligence is a form of medical malpractice where a hospital employee–a nurse, doctor, surgeon, etc.– fails to provide the standard of care to the patient, resulting in further injury or illness.
The medical standard of care refers to the degree of care a reasonable person would exercise under the same or similar circumstances.
Types of Hospital Negligence
Common types of hospital negligence include:
Misdiagnosis or Delayed Diagnosis
Many of these diagnostic delays occur due to emergency room errors where quick judgments may be cast, resulting in an incorrect diagnosis. For example, suppose a fit male in his 20s arrives at the emergency department complaining of chest pain. In that case, they are more likely not to be diagnosed with a heart attack right away compared to an overweight, middle-aged man complaining of the same symptoms.
Not all diagnostic errors end in a medical malpractice lawsuit; however, if you or a loved one suffered further injury due to a diagnostic error in a hospital, Munley Law can help.
Surgical Errors
Before a surgical procedure, patients are given an informed consent form that illustrates that they know of the risks associated with a procedure. However, if the patient is not provided with all the potential complications that may arise, they may have a medical malpractice claim should something go wrong.
In addition, surgical errors can occur, involving a medical professional providing substandard care and harming the patient. Surgical mistakes that can constitute medical negligence include:
- Wrong treatment or wrong site surgery
- Anesthesia errors
- Wrong patient
- Retained surgical instruments or foreign body
Surgical malpractice can also occur when there are complications in the healing process post-operatively due to inadequate care.
Medication Errors in Hospital
According to the National Coordinating Council for Medication Error Reporting and Prevention, a medication error is “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer.”
Medication errors occur for a variety of reasons and can lead to severe harm in patients, including wrongful death.
Medication errors often occur due to:
- Incorrect diagnosis leading to improper treatment
- Prescribing errors such as missing a patient history and giving a drug that will negatively interact with another medication or one that a patient has an allergic reaction to
- Incorrect dose
- Incorrect administration of the drug and dispensing
- Lack of patient consent and education on side effects
Most medication errors are completely avoidable but can be hard to prove. A hospital negligence lawyer from Munley Law can help you make a case.
Infections Acquired in the Hospital
Hospital-acquired infections (HAIs), healthcare-associated infections (HAIs), or nosocomial infections are any infections that can be contracted in a healthcare facility.
While most of these infections can be avoided with proper sanitation and care, these infections can be life-threatening when left untreated.
These infections often result from using catheters, such as urinary tract infections (UTI), bloodstream infections from central lines, surgical site infections, pneumonia, and Clostridioides difficile (C. diff), an infection of the colon.
Unfortunately, these infections can occur when medical professionals are not diligent in their aftercare practices, such as aiding a patient after surgery to move around, resulting in bed sores or not correctly washing their hands and instruments before entering another patient’s room.
If you suspect your infection was a result of medical negligence, you need to contact a personal injury lawyer right away.
What Is Needed to Prove Hospital Negligence?
While every state may have slight variations in how to establish hospital negligence, the basic elements of a medical negligence claim are:
- The existence of a doctor-patient relationship. This relationship may exist by agreement, such as a physician being placed on a patient’s case or through active treatment received.
- The doctor or medical provider owed a duty of care to the patient, which must be the proper standard of care established in the medical community. The standard of care is what another medical expert would also have done in a similar situation.
- A breach of duty occurred. The healthcare professional did not provide the necessary medical care through some act or inaction.
- The breach caused the patient to suffer injury. Medical records, expert testimony, and expert witnesses can prove that the negligence caused the patient to suffer.
- The injury resulted in damages. This may include additional medical expenses, lost wages, pain and suffering, etc.
Determining that hospital negligence occurred can be challenging, and not all medical malpractice lawyers are equipped to handle it. However, the hospital negligence lawyers of the Munley Law Firm are.
Compensation in Hospital Negligence Cases
Financial compensation is available for victims of medical mistakes. Our hospital malpractice attorneys have recovered millions of dollars in medical malpractice cases, and we will put that experience to the test for you.
Victims of hospital negligence may be entitled to economic and non-economic damages for their injuries.
Economic Damages
Economic damages are losses that can be calculated and assigned financial value. They include losses such as medical costs, lost wages, and diminished earning capacity.
Non-Economic Damages
Non-economic damages are more subjective and include losses associated with pain and suffering, diminished quality of life, loss of enjoyment, etc. Depending on your state’s cap, the amount you can recover may be limited.
In rare cases, punitive damages may be awarded if the negligence was malicious.
How much compensation you are entitled to will ultimately depend on the severity of your injuries, including if you’ve suffered from long-term or short-term disability, how much negligence occurred, the age and life expectancy of the victim, and the pain and suffering that occurred.
Negligence in Hospitals: Frequently Asked Questions
If you or a loved one suffered due to medical errors in the hospital or another healthcare facility, Munley Law can guide you through the legal process. Our team answers your most common hospital error questions below.
Can you sue a hospital?
You can sue a hospital for medical negligence. Be forewarned; these cases can be challenging. These cases are sometimes known as corporate or direct negligence against the hospital. This occurred when it wasn’t just one member of the medical team who was negligent but rather a series of errors that caused the patient’s injury.
Depending on your state’s statute of limitations, you may two or three years from the date the malpractice occurred or was discovered. In the case of wrongful death, from the date of death, to file a claim.
However, in cases involving minors, such as a birth injury, the clock doesn’t begin until the child turns 18. But, if the parents or guardians file a lawsuit on the child’s behalf, the child cannot sue for additional compensation.
Is misdiagnosis the same as medical malpractice?
Misdiagnosis is not the same as medical malpractice; it is a form of medical malpractice. On its own, a misdiagnosis does not always amount to medical malpractice. However, in cases where the misdiagnosis results in a delay in treatment or substantial injury, the victim may have a case for medical negligence.
For example, a doctor who has run tests and provided treatment for the diagnosis that makes the most sense but is later found incorrect may not be liable for medical malpractice. But, a doctor who misses obvious symptoms of a cancer diagnosis may be found liable.
Do I have a hospital malpractice case?
Determining if you have a hospital malpractice case can be difficult despite constant medical negligence. In hospital settings, you may have multiple providers on your case without knowing if your conditions were fully communicated throughout. This can make it hard to know who dropped the ball in your care and who is responsible.
Sometimes, hospitals will also try to push the blame onto one provider instead of the facility itself. Doctors carry medical malpractice insurance to protect them in cases like this, but it can also mean a lesser settlement for you.
Further, hospitals and large healthcare corporations are well-staffed with legal teams to help end any claims of negligence before they become problematic. This often means rushed settlements and pressure to accept the first offer.
Because of all the parties involved and the nature of these claims, it can be beneficial to hire a hospital negligence lawyer to represent you immediately.
Why Choose Munley Law for Your Hospital Negligence Claim
For over 60 years, Munley Law has represented injury victims in their toughest battles. When you enter a hospital for medical treatment, you expect the staff to treat you with the care and respect you deserve. However, when staffing issues, improperly maintained facilities and equipment, and negligent medical staff cause injury, you need a team by your side.
Not all law firms can handle hospital negligence, but Munley Law has extensive experience representing victims of medical malpractice in hospitals and nursing home facilities.
Contact Our Hospital Negligence Attorneys Today
If you or a loved one suffered serious injuries, illness, or death as a result of inadequate patient care, you may have a compensation claim for medical bills, lost wages, and more.
At Munley Law, we’ve helped medical malpractice victims and their family members file hospital negligence claims against negligent healthcare providers and their employers.
Call the hospital negligence lawyers of Munley Law today to secure maximum compensation and receive a free case evaluation.
