Can You Sue a Hospital for Medical Malpractice?

Can You Sue a Hospital for NegligenceMedical errors are the third leading cause of death in the United States. Many of these medical errors occur in hospitals. If you’ve been injured by medical negligence, you know that you can seek legal recourse against a doctor who failed to meet the standard of care. In some instances, however, a hospital may be held liable for malpractice.

Hospital Liability

A hospital has a duty to ensure the safety and well-being of the patients that are treated there. A hospital may be held liable for malpractice based on the actions of its employees. If a nurse, aide, technician, or other employee injures a patient due to negligence, the hospital may be held responsible. Examples of situations where a hospital may be found negligent include:

  • Emergency room errors
  • Surgical errors
  • Poor supervision of employees
  • Improper training of employees
  • Inadequate procedures in place to protect patient safety
  • Medication errors
  • Poor monitoring after surgery
  • Misreading of test results
  • No taking an appropriate patient history
  • Premature discharge from the hospital

It is a common misconception that a hospital can be held responsible for a doctor’s negligence in every situation. Liability of the hospital will depend on whether the negligence doctor was an employee of the hospital or an independent contractor.

Proving Hospital Negligence

In order to prove that a hospital has been negligent, it must be established that the hospital failed to meet the standard of care when treating the patient. Patients have the right to expect hospitals and medical providers to deliver care that is consistent with generally accepted standards. It must also be proven that the hospital’s negligence resulted in injury to the patient.

If a patient is injured in a hospital run by a city or state agency, then there are special considerations that must be taken into account. That’s why it’s important to consult with an attorney if you’ve been injured by medical negligence.

Contact an Experienced Attorney

If you’ve been injured due to a hospital’s negligence, you should have an experienced personal injury attorney evaluate your case. At Bonina & Bonina, P.C., we have over 50 years of experience helping injured New Yorkers. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.

2019-01-22T20:02:43-07:00

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