Hospital Negligence: When Can A Patient File a Lawsuit?

Posted By Posted on Aug 16, 2012 10:29am PDT

16 Aug. 2012

Injuries happen every day, and in the United States we can be so thankful to know that if a loved one is hurt or ill, they will receive care and treatment when inside a hospital or doctor’s office. What if that is not always the case? More and more every day, stories are being shared of the horrors that patients are experiencing when inside a care facility of some sort, and this is clearly not acceptable.

Hospital negligence is a form of medical malpractice by which a patient is not receiving the adequate treatment or care during their stay. To define negligence within a medical setting, it would include any form of abuse towards a patient, such as physical or sexual. Negligence also includes not paying attention to the patient or tracking their vitals, patient cleanliness when the individual is unable to do so on their own, or a patient is somehow hurt by the care person’s incompetence. Doctors, nurses, surgeons, paramedics, etc., can be liable for this type of abuse.

The question remains, when can a person file a lawsuit against the hospital for negligence? Every hospital is responsible for the care and treatment of their patients, and if there is any event in which this does not occur, a window is opened to file a lawsuit. Hospitals are then susceptible to lawsuits because they are responsible for each employee’s action, and if it is in any way unethical, the hospital can be held accountable as well as the employee for their acts. If an employee is doing anything that is related to their job or current responsibilities within the care facility, and a patient is injured in any way, a lawsuit can be filed.

In the event that medical malpractice is committed by an employee under the supervision of a certified doctor, in this case the doctor is more likely to be the one sued rather than the hospital as a whole. This is the case because in many circumstances doctors can be independent contractors who work at a hospital rather than being employed by the hospital. When dealing with any form of medical malpractice or neglect, it is vital to have the legal counsel of an experienced personal injury attorney.

The law office of Brandon J. Broderick has much experience working with negligence cases and is ready and willing to do what is necessary to fight for the compensation that you or your love one deserves! When we visit hospitals for treatment, we are to expect that we are paying to be handled with care and medical accuracy, and when that doesn’t happen a patient has the right to seek compensation for their troubles and injuries. Contact our offices today for the legal representation that you deserve!

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