Can You Sue a Hospital for Negligence?

Each year, more than 34 million Americans find themselves in a vulnerable position-admitted to a hospital for medical care. Hospitals are often seen as places of healing and safety, where we trust healthcare professionals to provide the best possible treatment.

However, the reality is that, like any institution, hospitals can make mistakes, leading to medical negligence. When such negligence occurs, it can have severe consequences for patients and their families.

In this blog post, we will ask an important question, “Can you sue a hospital for negligence?” We’ll break down what you need to know, from understanding the basics of hospital negligence to the steps involved in pursuing legal action. Let’s get started.

What Is Hospital Negligence?

Hospital negligence, also known as medical malpractice, occurs when a healthcare provider or a hospital fails to meet the standard of care that is expected in their profession. This breach of duty can result in harm to the patient.

Negligence can take various forms, including misdiagnosis, surgical errors, improper medical treatment, medication mistakes, and inadequate patient care.

Proving Hospital Negligence

To file a successful lawsuit against a hospital for negligence, you need to establish four key elements. Let’s take a look at each of these in turn.

Duty of Care

This first element involves establishing that the hospital had a legal obligation to provide a certain standard of care to the patient. When a patient is admitted to a hospital, a duty of care is implicitly created.

This means the hospital and its medical staff are responsible for providing the expected level of medical attention and treatment.

Breach of Care

Proving a breach of duty requires showing that the hospital or healthcare provider fell short of providing the standard of care that was expected.

This can encompass various forms of negligence, such as diagnostic errors, treatment mistakes, surgical errors, or lapses in post-operative care.

Causation

This element is about establishing a direct connection between the breach of duty and the harm suffered by the patient. It’s crucial to demonstrate that the negligence directly caused or exacerbated the patient’s injuries or worsened their condition. Causation often involves expert medical testimony to substantiate the link.

Damages

The final element involves presenting evidence of the actual harm experienced by the patient due to the negligence. This can include medical bills, physical pain and suffering, emotional distress, lost wages, and other financial or non-financial damages. The aim is to quantify the impact of the negligence on the patient’s life and well-being.

Steps to Sue a Hospital for Negligence

Navigating the legal path to sue a hospital for negligence can be complex and requires a number of steps. Here, we’ll highlight the process of suing a hospital for negligence.

Consult an Attorney

You should begin this process by scheduling a consultation with a qualified attorney who specializes in medical malpractice. They will evaluate the details of your case, help you understand its legal merits, and provide insights into the complexities of hospital negligence cases.

Here in Nashville, TN, your premier choice is Cummings Law. We have years of experience helping people get the justice and compensation they deserve.

Gathering Evidence

With the guidance of your attorney, it’s important that you are able to gather all essential evidence, including medical records, diagnostic reports, treatment history, and any other relevant documents that support your claim. This process ensures a comprehensive basis for your case.

Filing a Lawsuit

Next, your attorney will draft and file a formal lawsuit against the hospital. This legal action officially initiates the legal process and lays out the specifics of your claim, the alleged negligence, and the compensation you are seeking.

The Discovery Phase

During this phase, both parties exchange information and evidence related to the case. This typically involves depositions, where witnesses, including healthcare professionals involved in your care, are questioned under oath. Discovery serves to deepen understanding and can lead to settlements.

Settlement or Trial

Many hospital negligence cases reach a resolution through settlement negotiations. If an agreement is reached, the case can be settled without going to court. If not, the case proceeds to trial, where both sides present their arguments before a judge or jury.

Should your case go to trial, it is the stage where the evidence and arguments from both sides are presented in a court of law. Your attorney will work diligently to build a strong case and advocate for your rights. Trials involve complex legal procedures and expert witnesses.

If the court rules in your favor, you may be awarded compensation for various damages, including:

Medical expenses
Lost wages
Pain and suffering
Other financial losses

The final amount is determined by factors like the severity of negligence and the extent of your injuries.

Seeking Legal Support

Remember, when pursuing a hospital negligence case, one of the most critical steps is to secure the right legal representation. The expertise and guidance of a qualified attorney can make all the difference in the outcome of your case.

In your quest for justice, it’s essential to partner with a legal professional who specializes in medical malpractice and personal injury law. With a distinguished history of handling complex cases related to hospital negligence, Cummings Law brings an unparalleled level of experience and commitment to your case.

Our team stands as a beacon of legal support, offering dedicated and compassionate service to those who have suffered due to medical negligence. We are well-versed in the intricacies of healthcare law and can provide you with the counsel and representation you need to navigate the legal process effectively.