When can Patients Sue a Hospital for Medical Negligence?

Table of Contents

  1. What Qualifies as Medical Negligence (Malpractice)
  2. The Hospital Is Responsible for the Conduct of the Healthcare Provider
  3. How to File a Lawsuit against a Hospital
  4. Contact a Medical Malpractice Attorney from The Brown Firm

When a mistake is made by the hospital that rises to the level of negligence, the patient who suffers harm as a result of this mistake has the legal right to receive compensation for any injuries that they may have suffered due to the error. 

Medical malpractice laws are in place to protect the legal rights of the patients who have been given substandard medical care, however, the fist step in asserting those rights must normally be taken by the patient themselves. 

In order to know when you can sue a hospital for medical negligence it’s important to understand what qualifies as “Medical Malpractice”. 

Here are some examples of botched surgeries and medical malpractice claims.

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What Qualifies as Medical Negligence (Malpractice) 

Medical Negligence occurs when a health professional, who owes his patients a standard duty of care, fails to uphold his duty of care and the responsibility that is expected in such a way that because of this failure, the patient suffers an injury or harm. 

All of these elements must be met in order for someone to file a medical malpractice lawsuit against the hospital or health care provider.

A hospital can be liable for their health care professionals such as anesthesiologists, employed doctors, and radiologists when they treat patients in or for the hospital. 

Often times a hospital is found to be liable for negligence if they did not ensure that their staff had the required education, training, or licensure at the time of the accident.

In addition, the hospital may be found liable for not properly checking the backgrounds of other individuals who are not direct employees, such as the surgeons or attending physicians who may have administered care to the injured patient.

If a patient’s condition became worse because they had to wait longer to receive treatment because the hospital was not properly staffed, the hospital may be found to be negligent. 

The Hospital Is Responsible for the Conduct of the Healthcare Provider

A hospital that is direct employer of certain healthcare such as nurses, paramedics, and medical technicians, can be sued under if a patient undergoes an injury because of the negligence of a healthcare staff member. 

This means that if an employee under the direction of the employer (the hospital) acted in a negligent manner, the employer is responsible for any injuries that resulted from the negligence.

If the hospital employee was performing a “job-related” function when the patient was injured, the patient can then sue the hospital for the employee’s mistake.

In many cases, doctors are not considered to be direct employees of the hospital, but are rather considered to be independent contractors.

Depending on the hospital and situation, some doctors may be considered employees of the hospital. In very rare cases is a hospital to be found liable for a doctor’s services, negligent or otherwise. 

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How to File a Lawsuit against a Hospital

If you were injured and believe it was the result of a hospital employee’s negligence, your first step should be to contact an experienced Medical Malpractice Attorney for legal help. 

Filing a lawsuit in general is never easy to do on your own, but when your want to file a lawsuit against an establishment such as a hospital, your chances of obtaining compensation on your own just got even harder. 

A hospital will have a team of lawyers who work for them, a team of lawyers will be ready to do whatever they can to deny your claim or offer you the lowest settlement amount possible.

Without an attorney, you have hardly a chance at succeeding with your lawsuit. 

When you hire an attorney it will be up to them to prove that an employee of the hospital failed to uphold the standard level of care and because of this, you suffered considerable harm and injury.

Medical Malpractice is a serious offense, and you should not have to suffer further when you’re injured because of someone else’s careless or negligent actions.

Having an attorney help with your case will ensure that you obtain the benefits that you are owed during this very difficult time. 

Contact a Medical Malpractice Attorney from The Brown Firm 

At The Brown Firm we have a team of attorneys who specifically practice Medical Negligence Law and who have the experience and training to help with your case. 

Our lawyers will provide you with a free consultation so we can hear all of the details of your case, ask questions, and answer your questions in order to determine if we can assist with the recover of your losses. 

If for some reason we cannot take your case, we will provide you with counsel on what your next steps should be. We are honest and diligent when it comes to working on your case.

We will never accept a settlement offer without consulting you first, and providing you with our professional opinion on the matter. 

You should never weather the storm of a medical malpractice lawsuit on your own. With an attorney on your side, you have a much better opportunity at obtaining the money you deserve for your losses. 

Click the link to schedule a time to speak with one of our expert Medical Malpractice Attorneys if you believe that you were injured by a health care professional’s negligence in Georgia. 

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