You may be able to sue a hospital if they give you the wrong treatment, its staff makes the incorrect call, or a loved one dies while in their care. Despite the fact that medical experts may have made the error, the hospital is liable for its workers and their training.
Reasons to File a Lawsuit Against a Hospital
- If the medical experts have treated you wrongly or there has been a wrong diagnosis.
- The medication you were prescribed was wrong.
- If the medical technicians have made mistakes, these include failing to sanitize medical equipment.
- If medical professionals were careless during surgery and left surgical equipment inside you.
- They have not been able to follow the standard of care.
- Hospital personnel acts in a dangerous or negligent manner
- A family member’s death was caused by mistake.
- You have a victim of discrimination, and a staff member refuses to treat you because of your color, sexual orientation, or country of origin.
In most cases, you have two to six years to claim for hospital malpractice. The statute of limitations varies by state. In Pennsylvania, this statute gives two years to file a lawsuit from the date of injury.
The Difference Between Suing a Hospital and Suing Other Malpractice Cases:
Even if the doctor is an employee or a contractor, you may be able to sue the hospital in some situations.
- When the hospital fails to inform that the doctor is not an employee, this information is usually found on admission forms.
- You went to the ER (emergency room) and did not have time or the ability to sign paperwork.
- The training or hiring for hospital employees is questionable or incorrect.
- The hospital has hired employees or continues to hire employees with behavior issues.
The issue is that you can think you’re suing a doctor, but in reality, you’re suing the hospital where they work. It even goes up a notch. You’ll almost always be dealing with the doctor’s or the hospital’s insurance company if you sue them.
A doctor’s license may be revoked, or they may go to jail in rare situations. Another option is to close a hospital. In most cases, however, you’re suing their insurance company for damages.
This may seem unusual, but you are entitled to compensation for your pain and suffering, and it also aids insurance companies in determining which doctors are at fault. They can refuse to insure the doctor and prevent them from practicing, or they can increase the doctor’s insurance premiums.
You are entitled to compensation whatever the outcome. Extra bodily or mental suffering is due to be compensated.
Should I Sue My Doctor?
You may believe that you need to file a lawsuit against your doctor because he or she committed a mistake, such as a misdiagnosis. This will be determined by a number of factors:
- It is determined by the fact whether your doctor is a full-time employee or an independent contractor.
- Who made the error? Was it nurses, medical tech staff, maintenance, or another hospital employee who made the error?
If the person who made the error is an independent contractor, you must sue them with the help of a medical malpractice lawyer. If they were a hospital staff who committed medical malpractice, you might file a medical malpractice claim against the hospital.
Doctors are more likely to be “self-employed” and only work at hospitals on a contract basis. They’ll have to have their own malpractice insurance, so you’ll have to go to court to sue their insurer.
It could be feasible to show that the hospital treats the contracting doctor like an employee and is thus liable for your injuries. Perhaps the hospital decided on the doctor’s fees or working hours. A lawyer can help you in determining whether or not the hospital is responsible.
Gathering Evidence for a Lawsuit:
Medical malpractice cases are difficult to establish. What you must demonstrate is:
- The hospital, not simply the doctor, is to be held responsible.
- The hospital and its medical staff owed you a duty of care, and they failed to uphold it.
- Your injuries are a result of their actions, and you wouldn’t have been hurt if it hadn’t been for them.
Expertise and precise information are required to determine the cause of the problem. Before you can make an educated judgment on whether you should sue, you need a medical malpractice lawyer to listen to the circumstances of your case and provide legal guidance. Most will provide you with a free consultation and estimate your chances of winning your case.
To substantiate your case, you may require medical documents, dates, evidence of job-related errors, and more. The medical malpractice claim will be handled by your personal injury attorney, who will inform you of all you need to know. Determining what information is critical might be difficult without their knowledge.
For your case, they might also summon expert witnesses. This entails consulting with a different doctor or specialist about what they would do in a similar situation. It may bolster your case against the hospital if they disagree with how you were treated.
Figuring out what to do in such a situation is a tough task. Medical issues should not be overlooked because they do not appear “severe.” Whatever the circumstances, you should not ignore if you have not been treated properly. While a hospital makes a mistake with your illness or injury, you deserve justice. A personal injury lawyer is an ideal person to have on your side when seeking justice from a hospital. Have you suffered personal injury and seek legal help? Contact Philadelphia Injury Lawyers for a free consultation.