Hospital negligence claims are more common than most people realize.
If a hospital or doctor fails to give you the care you deserve, you are left injured and your life is disrupted. Hospital negligence claims are designed to help with these situations.
The good news?
There is an established legal system in place to ensure victims are compensated and negligent providers are held accountable.
Let’s break it down…
Here’s what’s inside:
- What Is Hospital Negligence?
- Understanding Duty of Care in Negligence Claims
- The Steps Involved in Filing a Claim
- What You Need to Prove
- How Long the Process Usually Takes
- Common Types of Hospital Negligence
What Is Hospital Negligence?
Medical negligence in hospitals occurs when medical personnel breach the duty of care they owe to their patients. When that breach causes injury to a patient, they may be eligible to make a claim.
Sounds simple, right?
The truth is much more complicated than that. Medical malpractice can occur by doctors, nurses, surgeons, technicians, or the hospital. It can occur during surgery, in the ER, or even during a simple office visit.
Medical errors kill people.
The Johns Hopkins researchers estimate that over 250,000 Americans die each year from medical errors in the United States. Medical mistakes are the third leading cause of death in our country, trailing only behind heart disease and cancer.
That’s why understanding your legal rights matters so much.
Understanding Duty of Care in Negligence Claims
Every hospital negligence case comes down to one central concept: duty of care.
So what does duty of care actually mean?
The legal concept of duty of care means that medical professionals must care for their patients. If your doctor is treating you, they have a duty to provide you with adequate medical care. If they don’t meet the standard of care, they have breached their duty.
Lawyers evaluate four things when they look at a claim, with duty of care being number one. If you don’t have duty of care, you don’t have a case. If you feel that your duty of care was violated during your treatment, contact these experienced medical malpractice lawyers to evaluate your case and discuss your options.
Duty of care applies to:
- Doctors and surgeons
- Nurses and support staff
- Hospitals and clinics
- Pharmacists
- Anesthesiologists
Essentially, anyone that is involved in your care owes you a duty of care. When they fail to provide that duty of care, you may have a valid claim for negligence.
The Steps Involved in Filing a Claim
Here’s where things get practical.
There is a defined process that hospital negligence claims take. Skip one and your case may never happen.
Step 1: Get Your Medical Records
Your medical records are the basis of any negligence claim. They document precisely what occurred, when, and by whom. Obtain copies from all providers who treated you.
Step 2: Consult with a Medical Malpractice Lawyer
An experienced attorney will evaluate your claim and advise you on whether or not you have a case. Many provide free consultations, so you have nothing to lose by contacting one.
Step 3: Get an Expert Medical Opinion
Nearly all states mandate your case be reviewed by a medical expert. They will determine whether negligence existed in your situation. The expert evaluates the care you received compared to the normal standard of care.
Step 4: File the Claim
After establishing negligence, your attorney will file a formal claim with the court. This begins the clock.
Step 5: Discovery and Negotiation
Each side presents discovery and takes depositions. Both sides also attempt to settle the case. Most cases settle during this phase and do not go to trial.
Step 6: Trial (If Necessary)
If a settlement cannot be reached, then the case goes to trial. A judge or jury makes a decision on the case and damages owed.
What You Need to Prove
Four elements are required in every successful hospital negligence claim. If any element is missing, then your claim will probably fail.
The four elements are:
- Duty of care existed: The provider owed you a duty of care legally
- Duty of care was breached: The provider failed to meet the accepted standard
- The breach caused harm: Your injury was directly caused by the negligence
- Actual damages occurred: You suffered real losses (medical bills, lost wages, pain)
All four must be proven. Miss one, and the case falls apart.
The tricky part?
You must prove each of these elements. Medical records, expert witness testimony, other witness testimony and often times independent medical examinations are all forms of evidence used to prove these elements. This is where quality legal representation can really help you.
How Long the Process Usually Takes
Hospital negligence claims aren’t quick.
Most cases range from 1-4 years until they are finally finished. Factors include:
- How complex the case is
- Whether the hospital agrees to settle
- The court’s schedule and backlog
- How quickly experts can review the evidence
Straightforward cases with strong evidence may resolve within a year. However, complicated cases with multiple providers and catastrophic injuries may take years to finally settle.
FYI: Each state has what is called a statute of limitations. This is the amount of time you have to file a claim. If you don’t file in time, you forfeit your right to sue forever.
That’s why acting fast matters so much.
Common Types of Hospital Negligence
Not all hospital negligence looks the same.
Here are the most common types of claims that come up:
- Misdiagnosis/delayed diagnosis: This type is most prevalent when it comes to cancer, heart attacks, infections
- Surgical errors: Wrong site surgery, leaving surgical equipment in patients, preventable patient injuries
- Medication errors: Prescribing wrong drugs, wrong dosages, or dangerous drug interactions
- Birth injuries: Harm to mother or baby during delivery
- Anesthesia errors: Giving too much, too little, or the wrong type of anesthesia
- Failure to treat: Discharging patients too early or ignoring warning symptoms
Medical errors rank third among leading causes of death in the U.S., following heart disease and cancer.
Every claim is unique in its complications and the evidence it takes to prove it. However, every claim at its root asks this one question: was the duty of care breached?
Bringing It All Together
Hospital negligence claims can feel overwhelming, but they don’t have to be.
Knowledge is power when it comes to getting what you deserve. Let’s review:
- Duty of care is the foundation of every claim
- Four elements must be proven to win the case
- The process involves multiple steps and can take years
- Statute of limitations deadlines matter more than most people realize
Act now. Contact a medical malpractice attorney today if you or someone you love has suffered due to hospital negligence. Time is of the essence.
Every patient should receive adequate care. When they don’t, the law is here to fight for you.
