When you think about medical malpractice, you will likely think about a doctor, or perhaps a nurse, making some sort of a mistake that results in an injury. While this is part of medical malpractice, it is not the only way in which negligence can take place. As a medical malpractice lawyer knows, of many cases in which it was not the fault of the doctor, but rather the hospital. In this situation, the case may involve hospital negligence.
Hospital negligence occurs when a clinic, medical center, or hospital, as well as an employee of the facility, causes some sort of injury to a patient. This injury should be the result of omission, mistake, error, negligent act, or malicious act. Although similar to a case that involves a doctor’s error, there are often subtle differences. One of these may include the defendant, or in other words, the party in which you will seek compensation from. For example, many doctors are not employees of a hospital. Therefore, if they make a mistake, you would likely not file a claim against the hospital, but rather the doctor. On the other hand, if your records are mixed up during your stay at the hospital, and this results in you receiving the wrong treatment, you may have a hospital negligence claim. Determining the responsible party is not always clear which is one reason you should ask a medical malpractice lawyer to help you.
Understanding the Details of a Hospital Negligence Claim
As a medical malpractice lawyer might explain to you, there are a broad range of circumstances that could affect the credibility of a claim. For example, regardless of who was at fault, some things will need to be considered, including:
- A certain amount of risk that was likely involved in your treatment.
- Whether you signed any agreement forms that acknowledged these risks.
- Who, in any particular party, is thought to be the responsible party for harming you?
- Are they an employee of the hospital?
In general, hospital negligence is complicated due to the many different liability issues that can arise. It is very common for a hospital to employ a doctor as an independent contractor, as well as other medical professionals. On the other hand, some facilities will require the medical staff to sign a waiver that essentially indemnifies them of any claims of liability. Finally, there are private medical offices that employ doctors directly, and these offices will establish a contract with the hospital; thereby, acting as a middle man.
Due to the web of contracts that may be involved, it not only makes it problematic to identify who to collect damages from but also to recover compensation as a whole. It is important to talk with an experienced medical malpractice lawyer to understand how to proceed.
What May Be Considered Hospital Negligence:
- Early discharge
- Not taking the patient seriously
- Failing to regard the patient’s medical history
- Making the patient wait too long to receive treatment
- Misdiagnosing the patient
- Failure to read lab results correctly
- Failure to order tests
- Poor follow up care
- Untrained or incompetent staff
- Inadequate staffing
If you believe hospital negligence caused you harm, please call a hospital negligence lawyer in Miami, FL today.
Thanks to Needle & Ellenberg, P.A.for their insight into medical malpractice and hospital negligence.