Can I Sue a Hospital for Medical Malpractice?

Hospital for Medical Malpractice

If you have been the victim of medical malpractice you know that it is very difficult to file a lawsuit. You also know that the odds of winning your case are slim to none. Why? Well, if you want to sue a hospital for medical malpractice you will have to prove three things are wrong with the victim. First, that the hospital was negligent; second, that the injuries were as a result of medical malpractice; and third, that money was lost or spent due to the negligent act.

YouTube video explains medical malpractice in hospitals

Now, let’s examine these three conditions. Did the hospital commit a breach of their duty? Did they fail in their duty to provide adequate care for the patient? Did they fail to prevent harm from happening? These are all tough questions, ones that most people would rather not answer.

However, there is one question that is almost beside the point. Yes, you can file a lawsuit if you feel you were injured as a result of medical malpractice. But, why do you even have to file such a claim?

Can I Sue a Hospital for Medical Malpractice?

Medical malpractice occurs when a hospital or other medical entity does not maintain standards of care that would have expected a reasonable person to maintain. Hospitals do not always follow guidelines and laws intended to keep them from being accused of malpractice. People who visit a hospital, even when they are not under the care of a physician, do not always receive the level of care that would be expected of someone who visited a doctor under normal circumstances. For instance, an otherwise healthy person may have slipped and fallen on a dirty floor at the hospital; or, a patient may have been placed in an emergency room where he or she was not comfortable; or, a pregnant woman may have given birth to her child while in an unventilated hospital.

The injury that occurred is not always limited to the body part that was injured. For instance, if a pregnant woman has a cesarean delivery, her remains will be collected and sent to a medical research facility for testing. Even when death is due to the negligence of the hospital staff, the family may be compensated for emotional pain and suffering. The point is that medical malpractice has become more than a legal issue in recent years.

Many people are asking the same question, “can I sue a hospital for medical malpractice?” Unfortunately, most people do not understand that the legal issues surrounding such actions can be complex and require a professional lawyer. It is a good idea to speak to a competent lawyer before taking any action. Some states actually make it easier for people to pursue medical malpractice claims against a medical facility if the facility has fewer than twenty five percent of its total medical facility patients who are members of HMOs or PPOs. There are also other complicated issues such as out-of-pocket compensation for out-of-network doctors, and potential tax consequences for people who seek damages based on their injuries while in a health care facility.