Negligence And Malpractice

Reasons For A Hospital Malpractice Lawsuit

We hear horror stories about hospitals all the time, botched surgeries, wrong medications provided, or negligent care but the question that most people ask is pertaining to when a hospital malpractice claim could be filed.  Of course, most hospitals and medical professional provide outstanding care so the need to file such a lawsuit is relatively uncommon but when a person experiences a problem, they need to know their legal rights.

In order for a person to file a hospital malpractice lawsuit, the staff of that medical facility would have engaged in some type of improper or negligent care or treatment and because of this action, the patient was harmed.  As for all types of medical professionals, which include hospitals and clinics, an acceptable standard of practice has been established.  Remember, the medical arena is held by a much higher standard from people working in other professions to protection patients from this happening but unfortunately things do go wrong.

Based on improper conduct or negligence, a patient who had experienced harm because of the low quality of care provided could file a lawsuit but this would involve anyone involved, not just doctors.  For instance, when a patient goes forward with a hospital malpractice case, it may involve a doctor but it may have to do with care provided by a nurse, therapist, technician, pharmacist, or virtually any employee of the hospital.

Additionally, more than one type of lawsuit could be filed for hospital malpractice.  In fact, several unique situations could warrant this type of legal action to include the following:

• The patient was given an incorrect diagnosis
• The patient was not provided the needed treatment and/or care by the hospital staff
• The patient’s condition was not monitored or stabilized
• The treating professional did not order the appropriate diagnostic testing
• The medical professional associated with the hospital did not provide the patient with a referral to the appropriate specialist(s)
• Incorrect administration of medication, which could be the patient being given the wrong dosage or even the wrong medication
• Improper administration or monitoring of anesthesia
• Improper use of medical equipment
• Performing surgery that had not been approved by the patient or surgery that was deemed unnecessary
• Providing the patient with sub-standard care leading to a preventable infection

As far as the true number of hospital malpractice cases across the country, there is some controversy because no one organization or system tracks reports of injuries or deaths occurring in hospitals that could have been avoided nor is there an organization or system that monitors this problem.  However, the most recent report came from the Institute of Medicine that had conducted in-depth research to find that approximately 100,000 people in the US die each year directly related to medical errors.

Another report came out specific to hospital malpractice cases from the Bureau of Justice Statistics that showed more than 1,155 lawsuits were litigated in 75 counties and of those, about 90% had to do with a patient that had become permanently disabled or died because of medical negligence by hospital staff.  Hospital malpractice is serious and for a lawsuit such as this to go to trial, several factors are carefully examined to determine if the patient actually has a case.

Finally, just because hospital staff failed to provide a patient with the right procedure or treatment does not automatically mean a hospital malpractice case exists.  Many times, doctors, nurses, and other staff will work hard and long to keep a patient out of pain or avoid death but this is not always successful.  Therefore, any patient with concerns over having a hospital malpractice case should consult with a qualified and highly rated attorney for guidance.