Can You Sue a Hospital?

You can sue a hospital for medical malpractice injuries. The hospital can be responsible for causing an injury related to a medical error. The hospital can also be responsible for errors committed by hospital staff. Unfortunately for injury victims, the hospital may not accept responsibility until the injury victim files a medical malpractice lawsuit.

A medical malpractice claim can help the injury victim recover damages for their medical bills, lost income, and pain and suffering. The hospital where the injury occurred may be liable for injuries caused by the hospital policies or employees. If you have questions about hospital liability for medical malpractice, talk to a medical malpractice lawyer in a city near you to get legal advice about your case.

Can You Sue a Hospital for Negligence?

Medical malpractice is the negligence of a medical professional in causing a patient harm. Malpractice occurs when the doctor, nurse, or hospital deviates from the medical standard of care, and when that action (or inaction) ends up causing the patient’s injury. According to a study by Johns Hopkins Medicine, medical malpractice may be the 3rd leading cause of death in the United States.

It is not only a doctor or nurse who may be responsible for causing avoidable medical injuries. A hospital, clinic, or nursing home could also be liable for malpractice. A hospital could be liable because of hospital policies and administration actions. A hospital could also be liable for damages because of the actions of hospital employees.

When Is the Hospital Negligent in Causing Medical Injuries?

Some medical injuries are caused by the negligent policies and practices of the hospital. If the hospital is not operating a safe environment for patients and customers, the medical patients can suffer injuries. Some ways a hospital could be negligent in causing medical injuries include:

• Poor hospital security
• Understaffing
• Failure to supervise staff
• Lack of proper training for employees
• Negligent hiring of dangerous employees
• Lack of consistent training and policies for patient safety
• Unsanitary practices
• Emergency room errors
• Operating room errors
• Medical records storage policies
• Improper prescription of medication

Is a Hospital Liable for Negligence of Their Employees?

Liability in a medical malpractice lawsuit means that someone is responsible for the damages caused by a negligent doctor. Even if the hospital is not directly responsible for causing the patient’s injuries, the hospital can be liable for the negligence of their employees. This means that you not only could sue the doctor or nurse, but directly sue the hospital itself without involving the employee who injured you.

Through a legal theory known as vicarious liability, an employer can be legally held accountable for the negligence of an employee operating in the course of their job duties. Vicarious liability for an employee is also known as respondeat superior. The idea of vicarious liability is that the employer has “deeper pockets” and thus can better financially compensate the injury victim. For example, if a hospital worker knocks over a patient in the hospital causing a broken hip, the employee may not have enough money to pay the patient’s medical bills. Under vicarious liability, the injury victim could get compensation from the hospital as the employer of the hospital worker.

Of course, the victim can still sue the employee of the hospital directly, but whether or not a hospital can be sued on behalf of its staff depends on what the nature of the relationship is between the hospital and the particular staff member. This involves various factors, including how much autonomy a doctor had or how much control the hospital had over the doctor. Some hospitals try to avoid liability for staff members’ errors by classifying employees as “independent contractors.” However, a hospital could still be liable for the negligence of independent contractors if there was apparent authority.

Apparent authority (sometimes called “ostensible agency”) generally involves a reasonable appearance that an agency relationship existed between the worker and the hospital. Therefore, even a doctor who was an independent contractor of a hospital acted in a way that led patients to believe that he was acting on behalf of the hospital rather than just himself, there could be vicarious liability for the hospital.

Deciding to Sue the Doctor or the Hospital

Injury victims may not know whether to sue the doctor or the hospital for medical malpractice. In some cases, both the hospital and the doctor are liable for medical negligence. However, if a patient was treated in a clinic that was not associated with a hospital and the claim would be filed against the doctor and the clinic. Alternatively, if a patient was injured in a fall in the hospital, the hospital might be liable and there may not have been a doctor involved. The decision to sue the doctor and/or the hospital can be complicated. A medical malpractice attorney can help you decide how to move forward with your medical malpractice claim.

Anesthesiologist Injuries

Going under anesthesia can be concerning. Under the effects of gas or intravenous drugs, the patient can become unconscious, with no sense of feeling during surgery or memory of undergoing a medical procedure. Furthermore, anesthesia can be dangerous if the patient is not adequately monitored during the process. Too high of a dose can cause the patient to stop breathing or go into cardiac arrest.

If an anesthesiologist works for a hospital and is negligent in administering the anesthesia, the anesthesiologist may be liable for any consequences caused to the patient, and could be sued in an anesthesia malpractice case. However, under vicarious liability, the hospital as the employer may also be liable. This also provides another way to ensure the injury victim is fully compensated for their injuries.

Diagnostic and Imaging Errors

Nuclear imaging scans are essential for patient care and diagnosing medical conditions. Imaging includes computer axial tomography (CAT scans) and magnetic resonance imaging (MRI). These studies can detect internal bleeding injuries, spinal cord and brain injuries, and other medical conditions. However, when the images are not appropriately reviewed, it can result in a misdiagnosis or delayed diagnosis.

For example, an x-ray technician may have improperly handled the x-ray equipment, resulting in a blurry image, a radiologist may fail to notice a suspicious mass on a mammogram, or a hospital employee may fail to notify the patient to come in for a follow-up after a concerning diagnostic test. These types of errors can delay diagnosis for a potentially dangerous medical condition. As a result, the hospital could be considered liable for medical malpractice because of the injury to the patient.

What Are Damages in a Medical Malpractice Claim?

Damages in a medical malpractice lawsuit are compensation for the losses suffered by the injury victim. In a malpractice claim, compensatory damages are supposed to “make the victim whole,” and restore them to where they would have been without the medical error. Damages are generally categorized as either economic or non-economic.

Economic damages are based on the financial losses caused by the accident. Some of the most common economic damages include medical bills and loss of income. Suppose an injury victim has to be hospitalized and undergo additional medical procedures. In that case, the patient will be left with expensive medical bills, which should be paid by the person responsible for causing a serious injury. Economic damages can also include future expenses, such as future medical treatment and loss of income potential.

Non-economic damages are losses that do not always have a clear dollar value. For example, if someone suffers a surgical error and is left with chronic pain for the rest of their life, the victim should be compensated for their pain. Non-economic damages in a medical malpractice case can include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment in life
• Loss of companionship

What Is a Patient Compensation Fund?

Some states have a state-run patient compensation fund (PCF) that can also cover some of the damages associated with a medical injury. These payment systems are funded through a surcharge on medical malpractice insurance premiums. In states with a PCF, after a medical patient suffers a personal injury caused by malpractice, the malpractice insurance will cover the damages up to a certain amount, and the state PCF can pay the remaining damages.

For example, in Indiana, the Indiana Medical Malpractice Act establishes a Patient Compensation Fund that functions as a system of excess insurance for health care providers. A qualified provider establishes financial responsibility by purchasing malpractice liability insurance. The PCF is liable for the excess over what is owed by all the qualified providers, up to an overall damage cap.

Florida has two PCF plans, the Birth-­Related Neurological Injury Compensation Plan and the Florida Patient Compensation Fund. The first plan is the exclusive means of obtaining compensation for an important class of severe, birth-­related injuries. This provides compensation for birth-­related neurological injuries without regard to the medical negligence of any health care provider.

The Florida Patient Compensation Fund is a system of state­-sponsored excess insurance for medical malpractice liability. Under this fund, hospitals are required to participate in the fund by paying a yearly fee and obtaining primary insurance or otherwise demonstrating financial responsibility.

How Much Is a Medical Malpractice Attorney?

Some people do not want to pursue a lawsuit against the hospital because they are worried they cannot afford the cost of hiring a malpractice lawyer. Most medical malpractice law firms use a contingency fee agreement, which generally means no upfront costs to the client. In a medical malpractice lawsuit, the lawyer only collects a fee if they recover damages. The fee is generally a percentage of the settlement award and legal costs.

A contingency fee agreement allows people without a lot of money to file lawsuits against large healthcare organizations and insurance companies to make sure they get compensation for their losses.

An experienced medical malpractice attorney can evaluate your case, explain your legal options, and help you recover money for your injuries without paying anything out-of-pocket. If a family member died from something that went wrong in the hospital, you might be able to file a wrongful death lawsuit. Most medical malpractice lawyers will even offer a free case evaluation. There may be a limited time to file a malpractice lawsuit under the statute of limitations. Contact a medical malpractice lawyer in your area for advice about your legal rights after a loved one suffers a medical injury.