As a patient, you have the right to expect your medical provider and surrounding medical professionals to uphold the expected standard of care. Anything below that standard is considered medical negligence. If the patient is injured due to that negligence, then they may have a legitimate claim for medical malpractice. It’s as simple as that.
If you were the victim of hospital negligence in Scranton, Pennsylvania, and were injured as a result, contact the Munley Law Scranton medical malpractice lawyers. Our experienced attorneys will hold the negligent hospital and employees accountable for their actions and pursue fair compensation on your behalf.
What Constitutes Hospital Negligence in Scranton?
Hospital negligence is a failure by the hospital or hospital staff to meet the expected standard of care for its patients. These failures may include:
- Inadequate staffing
- Poor sanitation
- Failure to maintain medical equipment
- Lack of informed consent
What is the difference between hospital negligence and medical malpractice?
Hospital negligence and medical malpractice are related but distinct concepts:
- Hospital Negligence occurs when the hospital, as an institution, fails to provide a safe environment or adequate care, leading to patient harm. Examples include improper sanitation, inadequate staffing, failure to maintain equipment, or errors in scheduling. The hospital, rather than individual medical providers, is typically liable.
- Medical Malpractice involves a healthcare professional—such as a doctor, nurse, or surgeon—failing to provide the standard of care expected in their field and harming a patient. Examples include surgical errors, misdiagnosis, incorrect medication, or failure to follow up on test results. Here, the liability rests with the individual professional or their employer.
In short, hospital negligence focuses on the institution’s failures, while medical malpractice focuses on the actions of individual healthcare providers.
Can I sue the hospital for the actions of a negligent doctor?
Yes, you can sue a hospital for negligent doctor actions. Like in any other employer/employee relationship, the hospital is liable for its staff, including the physicians who practice at the medical facility.
In hospital negligence cases, the legal principle of vicarious liability will apply to your medical malpractice lawsuit. Vicarious liability is when a superior entity, such as a hospital, is accountable for the negligence of its employees and the healthcare professionals who work there.
For your medical malpractice claim to be successful, your circumstances must meet these requirements:
- The doctor’s negligent medical care occurred during work hours. If a doctor happens to be a friend of yours and agrees to treat you outside of work hours, the hospital is not liable for any malpractice that may occur.
- The negligence occurred during duties the doctor was hired to perform (medical treatment, testing, diagnostics, etc.).
- The activity in which the physician committed negligence benefited the hospital. Suppose you were a victim of medical negligence and received a bill from the Scranton hospital where you were treated. You can file a medical malpractice claim against the negligent doctor and hospital in that case.
Types of Hospital Negligence Cases in Scranton, PA
There are several ways a hospital can fall short of the expected standard of care. However, some of the most common examples of hospital negligence are:
Hospital-Acquired Infections
A hospital-acquired infection is one that a patient contracts during their stay in a hospital. This type of infection is not related to the condition or injury that brought the patient to the hospital, nor is it connected to their overall health. It occurs solely because of their time in the hospital. Simply put, a patient would not have developed a hospital-acquired infection if they had not been in the hospital.
Inadequate Staffing, Training, or Supervision
Inadequate staffing, poor training, or lack of supervision can lead to medical errors that cause devastating harm to hospital patients. Part of the standards of care in hospitals is to have enough staff to give each patient the proper care and attention they need.
Liability for a Scranton Healthcare Provider’s Actions
According to the National Conference of State Legislatures, Pennsylvania medical malpractice law allows a patient to pursue a medical malpractice claim against the hospital where the negligent doctor works.
This falls under respondeat superior, meaning “let the master answer.” Under this legal doctrine, an employer may be held accountable for the negligence committed by their employee during working hours.
For a successful claim against the doctor and hospital, the patient must prove:
- There was a duty of care owed to the patient.
- The physician violated his duty and provided substandard care.
- The doctor’s negligence directly caused the patient’s injury or worsened illness.
- The violation of the standard of care caused the patient financial losses.
How Can a Scranton Medical Malpractice Attorney Help My Case?
A Scranton medical malpractice lawyer will be your legal champion throughout the claims process. Here are the three main ways a Munley Law medical malpractice lawyer will help your claim:
- We will take over your case, from filing your paperwork correctly and within the time limit of Pennsylvania’s statute of limitations to gathering evidence and building a strong case in your favor.
- We will take over the correspondence with the insurance company. You don’t need to spend hours on the phone or negotiate alone. We will take care of all communication and negotiations.
- If your medical malpractice claim goes to court, your medical malpractice lawyer goes with you. At Munley Law, our trial attorneys have extensive experience and success in litigating medical malpractice cases in front of judges and juries.
What Kind of Compensation Can I Receive in a Scranton Hospital Negligence Lawsuit?
A medical malpractice lawsuit offers two general damages: economic and non-economic.
Economic damages are tangible monetary losses that include medical bills, lost wages, and loss of earning capacity. If the worst happens, and hospital negligence leads to the death of your loved one, economic damages would cover funeral and burial costs, as well as income your loved one would have earned if they had survived.
Non-economic damages are intangible and, therefore, more difficult to calculate. They cover pain and suffering, emotional distress, mental anguish, and loss of consortium.
In rare cases, punitive damages may be awarded in addition to compensatory damages. Punitive damages are meant to punish the negligent medical professional and deter them from behaving similarly in the future.
Schedule a Free Consultation with a Scranton Medical Malpractice Attorney at Munley Law
Our compassionate medical malpractice attorneys offer a free consultation to new clients. Our personal injury attorneys will listen to your story, assess your case, lay out your legal options, and provide legal advice throughout the claims process. Call today to schedule a no-obligation consultation to get the process started.
Munley Law Personal Injury Attorneys
227 Penn Ave.
Scranton, PA 18503
(570)865-4699
