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If a physician, nurse, surgeon, or any other hospital staff member fails to offer standard care, it is considered medical negligence. Examples include not using a sanitizer, wearing gloves, disposing of waste properly, or ordering the right tests.
Malpractice is when a practitioner fails to exercise their professional skill competently. Examples include failure to diagnose, prescription errors, misdiagnosis, surgical errors, not considering patient history, and premature discharge, among others.
Both medical negligence and malpractice can lead to an injury(s) or death. Since they are a breach of duty, you have grounds to sue a hospital. However, it is advisable to be informed to make the right calls. Here is what you need to know when taking legal action against a hospital for negligence and malpractice.
Not all doctors are hospital employees
Some doctors work as independent contractors in hospitals. If such a doctor is negligent, causing you injuries or the wrongful death of a loved one, the hospital may not be held liable. Therefore, you should confirm if the doctor in question is an employee or not. If they are, you can sue the hospital.
Additionally, if your injury was caused by an employee being supervised by a doctor who wasn’t able to prevent it, the hospital can be liable. But if the doctor could have prevented the negligent action, the hospital may deny responsibility.
If a doctor whose negligent actions led to your injuries is an independent contractor, they will be held personally responsible. However, in some situations, a hospital may take accountability even if the practitioner is not an employee. For instance, if you ended up in the emergency room or ICU before signing the paperwork.
You can also sue a hospital if it was aware that the doctor was not competent enough to treat you or has been involved in previous malpractice claims. In addition, a hospital can be answerable if they did not clarify to you that the doctor is not their employee.
Furthermore, if a hospital treats a contracting doctor like an employee, they can be liable for a malpractice. For example, if they have significant control regarding how many hours they work, their fees/fixed salary, and so on.
No matter your circumstance, a personal injury lawyer can help you make a strong case. Your lawyer should also help you determine who is liable for your damages in unclear circumstances.
Evidence is vital
Evidence is necessary for receiving fair compensation from a medical malpractice claim. Thus, the moment you notice you are experiencing injuries, or a loved one dies after treatment, it’s time to start collecting evidence.
First, you need medical records. Patients have a right to access their records. Hence, the hospital should provide you with copies of your records.
Furthermore, you need to take note of the dates. This includes the date of admission, negligent action, or discharge. Your personal injury attorney will help you find all the needed evidence, including witness statements.
You should also record economic damages like medical expenses, lost income, and loss of future earnings. Besides, it can be beneficial to keep a journal documenting the pain you feel over time. A medical expert should also examine your injuries to evaluate the possibilities of long-term issues like disabilities.
The statute of limitations should be observed
It is advisable to act on time since you want to prove that your damages were a direct result of the practitioner’s negligence. Besides, every state has a time limit that a party can initiate a lawsuit after the day of the malpractice or end of continuous treatment. In New York, it’s 30 months. It is better to start the legal proceedings earlier.
If you encountered injuries or a wrongful death of a loved one due to the negligent action of a medical expert, you may have the grounds to file a claim. However, medical malpractice cases can be complicated. Consequently, it is advisable to be informed and work closely with experts. Contact us today to find a reliable personal injury lawyer to make your process more manageable.
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