Hospital residents have the right to receive adequate care and treatment from staff. People go to hospitals to address various health conditions. If hospital staff or administrators fail to uphold the standard of care, patients are at risk of suffering injuries or illnesses.
Hospital negligence is a widespread problem that has caused the suffering of many victims nationwide. Let’s discuss the issues that hospital negligence can cause and how it can be addressed to prevent risks for future patients.
Hospital neglect is the failure to provide adequate care and attention to a patient. As a result of this neglect, the patient suffers harm, which could be physical, emotional, or psychological.
Hospital negligence has numerous causes, from staffing shortages to improper practices. If you or a family member have been the victim of neglect at a hospital, you may have the grounds to file a hospital negligence claim.
According to some reports, as many as 400,000 hospital patients experience preventable harm across the United States every year [1]. This alarming statistic demonstrates the prevalence of hospital negligence and how often it creates victims of neglect.
The consequences of hospital negligence cases can be devastating. Hospital neglect can lead to patient injuries or worsen existing medical conditions. In extreme cases of medical malpractice, this negligence may even result in patient deaths.
Often, the patient’s family can recognize signs of a hospital’s negligence when visiting their loved one. These may include:
These issues often result from inadequate care or supervision in the hospital setting.
Hospital negligence lawyers specialize in helping victims of medical neglect. They work to hold medical staff and administrators accountable for negligent actions, seeking justice and compensation for patients who have suffered due to substandard care.
With an experienced hospital negligence lawyer, you will have a better chance of earning fair compensation for legal damages and preventing the hospital from being neglectful in the future. Below are a few scenarios where you can contact hospital malpractice lawyers.
Medical malpractice attorneys specialize in fighting for justice for patients who suffer hospital negligence. If you have a loved one staying in a hospital and you notice that they have unexplained injuries or their condition is worsening, it could indicate that they are being neglected. Contact a hospital negligence law firm if you notice these signs.
Procuring evidence of a medical error or mismanagement can often be challenging. Perhaps you are suspicious of negligence occurring with your loved one in the hospital.
Medical malpractice lawyers have specialized knowledge and can navigate the complexities of hospital negligence cases, investigating the facility and gathering evidence to determine if your family member has been neglected or wrongly treated.
Hospital negligence lawyers have experience working with victims and their family members, which means they understand the importance of empathy. These patients and families often face physical and emotional challenges in hospital facilities; a lawyer can approach the case with clarity and focus to investigate concerns about staff conduct or communication.
Negligence in a hospital setting can manifest in numerous ways. Not all medical malpractice cases look the same. Some victims suffer minor setbacks due to negligence, while others are in danger of dying because of staff conduct, surgical errors, or wrong diagnosis. Here are some of the most common issues involving negligence at hospitals.
Many hospital negligence claims can be traced back to staffing and supervision issues. If there are not enough medical professionals, administrators, and other personnel on-site, meeting every patient’s care needs can be challenging.
Inadequate staffing and supervision can lead to the administration of the wrong medications, delayed responses to patient needs, and an increased risk of falls. All these circumstances can lead to severe injuries, illnesses, or worsening conditions.
Healthcare providers must monitor patients frequently to respond quickly to their needs. Without vigilant monitoring, patients can experience physical pain, worsening symptoms, or additional infections.
Each patient should have their vital signs and symptoms checked consistently by qualified staff to maintain their treatment plans. Additionally, emergencies can escalate quickly if staff are not paying attention, putting the patient’s life at risk.
A patient receiving the wrong medication happens all the time in hospitals. A medication error could cause a secondary health issue or worsen their current condition. In extreme cases, medication issues can cause the death of a patient. Wrong treatment, incorrect medications, and missed doses are all preventable errors resulting from hospital negligence.
Vulnerable patients are more likely to fall and get hurt as they recover from an injury, surgery, or illness. Falls can be devastating for these individuals, especially if they are older or physically compromised.
Anyone in danger of falling should have easy access to staff who can assist them if they need to stand up, walk around, or get to the bathroom. Improper fall prevention measures or inattention from staff can result in dangerous falls that exacerbate the patient’s condition.
Medical negligence can also involve poor hygiene practices. Hospitals must be kept clean, especially with the dangers of infections.
To uphold patient safety, the hospital must have a plan for infection control and prevention, such as isolating sick patients, washing hands frequently, and disinfecting surfaces. If hospital employees do not engage in standard hygiene practices, patients and other staff are at risk of contracting infections from bacteria or viruses.
If you are a victim of neglect and have suffered legal damages, you may have the right to sue the hospital for negligence. The purpose of medical malpractice claims is to pursue compensation for losses like additional medical expenses, physical pain, emotional distress, and loss of quality of life.
The biggest challenge in winning a hospital malpractice claim is proving negligence. Below are the elements involved in winning a case by proving hospital negligence.
Hospitals have a legal duty to provide patients with a reasonable standard of care. This medical care includes practices like consistent monitoring, quality treatment plans, and preventing further harm. To win your hospital negligence claim, you must establish that the hospital owed you this standard of care.
The next step is proving a breach in the standard of care by demonstrating specific actions or inactions that violated expected care levels.
This act could include inadequate patient monitoring, failure to follow treatment plans, or other neglectful practices. You must provide evidence showing how the hospital’s failure to meet its obligations resulted in your injury or worsened condition.
Medical malpractice lawsuits also require a link between the breach of care and the harm suffered by the victim. For example, if the patient was not being monitored consistently, did that cause them to develop bed sores in addition to the original condition?
If there is no direct causal relationship between the breach of duty and the harm suffered by the victim, the medical malpractice claim will likely fail.
For your hospital negligence case to succeed, the last thing you must prove is that legal damages resulted from the harm. The victim or their family members must have suffered due to the hospital’s neglect.
Potential losses that could occur due to a hospital’s liability include medical expenses, physical pain, emotional distress, PTSD, therapy bills, and loss of quality of life.
If the victim dies due to negligence, surviving family members can pursue compensation for additional damages, such as funeral costs, burial expenses, loss of financial support, and loss of companionship. All damages must be proven to be included in a settlement package during a medical malpractice case.
Medical malpractice lawsuits involving hospitals often fail because victims are unsure how to build strong cases. This is why hiring a hospital negligence lawyer is essential before you file your claim.
Though you can sue a hospital yourself, you will be going against the resources of a large entity. Here are a few ways medical malpractice law firms can help you navigate your claim.
The investigation is the most essential aspect of your claim. Your medical malpractice lawyer knows the evidence needed to support your case and increase your chances of winning.
This stage of the claims process will involve collecting medical records, consulting medical experts, researching medical procedures, speaking to witnesses, finding camera footage, and viewing incident reports. Having a lawyer by your side to navigate these steps will be crucial in building a solid case.
Your objective is to prove that the hospital was negligent with your care and is liable for legal damages suffered. An experienced medical malpractice attorney will know how to prove that the hospital failed to meet the standard of care and caused your injuries or worsening condition. Without the expertise of your lawyer, providing medical negligence will be a monumental task.
When you sue a hospital, you can recover compensation for certain legal damages associated with the harm you suffered. This claim can include lost wages from missing work, increased medical bills from ongoing care, emotional distress, pain and suffering, loss of quality of life, and even punitive damages if your case involves gross negligence.
The legal process for filing a claim is incredibly complex. Navigating a hospital malpractice case on your own will be nearly impossible, especially with the resources the hospital may have access to. To level the playing field, you need your legal team. Your attorney will protect your rights throughout the process and help you avoid missteps that could undermine your claim.
Whether you are just filing a complaint or proceeding to court for a wrongful death lawsuit, medical malpractice attorneys will successfully guide you through the process.
Proving medical malpractice can be challenging, and you need the right law firm on your side to establish hospital liability. When you suffer serious injuries, a worsening condition, or an illness because of neglect from medical experts, you have the right to file a lawsuit against the staff or facility responsible.
Nursing Home Law Center has the experience to prove hospital negligence and win total compensation for your legal damages. If you are unsure about your case, you can get a free consultation with a legal professional. Call us today at 800-926-7565 or complete the contact form for your free case evaluation.
Resources: [1] NCBI