Can You Sue a Hospital?

In some cases, you can sue a hospital for medical malpractice. The hospital may be responsible for causing you harm due to a medical error. The hospital could also be responsible for any errors or medical mistakes committed by hospital staff.

However, the hospital may not accept responsibility until you file a medical malpractice lawsuit. If you have questions about hospital liability for medical malpractice, talk to a medical malpractice lawyer near you to get legal advice.

Suing a Hospital for Medical Malpractice

In addition to a doctor’s negligence, a hospital, clinic, or nursing home could also be liable for malpractice for failing to meet its duty of care. Medical malpractice happens when a medical professional’s negligence causes a patient harm in medical care. It’s when a doctor, nurse, or hospital deviates from the medical standard of care, and that action (or inaction) ends up causing harm.

According to a study by Johns Hopkins Medicine, medical malpractice is among the leading causes of death in the United States.

Common Reasons for Hospital Lawsuits

A hospital could be negligent in causing medical injuries in the following ways:

• Poor security
• Understaffing
• A failure to supervise staff
• Negligent hiring of dangerous employees
• A lack of consistent training and policies for patient safety
• Unsanitary practices
• Emergency room errors
• Diagnostic and imaging errors leading to a misdiagnosis or missed diagnosis
• Anesthesiologist injuries
• Operating room errors
• Prescription errors
• Poor medical record storage policies

You may be able to sue the individual doctor or nurse who caused you harm, but you can also sue the hospital itself. A hospital could be liable because of policies, administrative actions, or its medical staff’s actions.

A Hospital Can Be Liable for Their Employees’ Negligence

Even if the hospital isn’tdirectly responsible for causing your injuries, it can be liable in a medical malpractice lawsuit for an employee’s negligence.

Through a legal theory known as “vicarious liability,” an employer can be held liable for an employee’s negligence. This is also known as respondeat superior. The employer has “deeper pockets,” so it can better compensate victims.

Of course, you can still sue the employee of the hospital directly. Whether you can sue a hospital on behalf of its staff members depends on the relationship between the hospital and that particular person.

Some hospitals try to avoid liability by classifying employees as independent contractors. However, a hospital could still be liable for an independent contractor’s negligence if there was “apparent authority.” So, even if an independent contractor doctor acted in a way that led you to believe they were acting on behalf of the hospital, the hospital could be liable.

Damages in a Medical Malpractice Claim

Damages in a medical malpractice lawsuit are compensation for the losses that you suffer. 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 economic or non-economic.

Economic damages are the financial losses caused by the accident. Some of the most common economic damages are medical bills and loss of income. They can also include future expenses, such as future medical treatments and a loss of income potential.

Non-economic damages are losses that don’t have a clear dollar value. For example, if you suffer a surgical error and are left with chronic pain for the rest of your life, you should be compensated for your pain. Non-economic damages in a medical malpractice case can include:

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

A Patient Compensation Fund Can Cover Some Damages

Some states have state-run patient compensation funds (PCF) to cover some of the damages associated with medical injuries. In states with a PCF, the doctor’s or hospital’s malpractice insurance will cover the damages up to a certain amount. The PCF then pays the remaining damages.

The Importance of Legal Representation

Legal representation in a medical malpractice case is essential. These are some of the most complicated personal injury cases, often requiring expert witnesses. Most medical malpractice law firms use a contingency fee agreement, which generally means no upfront costs for you. In a medical malpractice lawsuit, the legal team collects a set percentage of any compensation they recover for you.

A contingency fee agreement allows people to file lawsuits against large health care organizations and insurance companies without needing to pay in advance. An experienced medical malpractice lawyer can:

• Evaluate your case and explain your legal options
• Review your medical records
• Hire medical experts to speak about your injuries
• Review your medical records
• Prepare your case
• Fight for your compensation

Deciding whether to sue the doctor or the hospital can be complicated. A medical malpractice attorney can help you learn how to sue a hospital and proceed with your medical malpractice claim. If a family member died from something that went wrong in the hospital, you might be able to file a wrongful death lawsuit.

You may have 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 an injury from medical malpractice.