Hospital negligence cases are typically more complicated than regular personal injury cases as it involves medical standards, lots of documentation and also expert testimony. This knowledge can be invaluable towards safeguarding your future and knowing when negligence has taken place and what to do in such circumstances. You have to rely on hospitals to give safe treatment that’s professional and timely when you seek medical help. However, errors do occur and in many cases serious injuries or complications can occur which is sometimes fatal. When someone you love has been injured due to inadequate or negligent treatment at a hospital, a Philadelphia Hospital Negligence Lawyer can provide understanding about the hospital’s duties and rights to recover for injuries.
Patient discussing a medical negligence case with an attorney in a professional office
What Is Hospital Negligence?
Hospital negligence is when the health care setting or its staff members fall short of the acceptable standard of care and a patient suffers from the resulting harm or deterioration. Medical errors are not always construed as negligence.
Examples of the negligence of a hospital include:
- Surgical errors
- Medication mistakes
- Inadequate health care observation
- Inaccurate infection control measures
- Miscommunication with medical staff
- Improper discharge procedures
- Emergency room negligence
Hospital safety protocols are important, as is staffing, and the hospital needs to be responsible for providing care for each patient according to the appropriate safety protocol. Failure to take this on board can cause avoidable harm to the patient.
Common Injuries Caused by Hospital Negligence
Patients can be impacted in many ways by the negligence of a hospital. There are sometimes injuries that heal and sometimes injuries that will never heal, altering a person’s life forever.
Common injuries include:
- Brain injuries
- Birth injuries (to mother or child)
- Damage to organs during surgery.
- Severe infections which occur in the hospital.
- Permanent disability
- Death
- Medication overdose injuries
- Wrong site surgeries
- Failed providing tenderly care, causing emotional distress
When death results from negligence, the family members may suffer from the loss of their loved one in addition to emotional, financial and physical suffering that may have been avoided, such as is the case in a wrongful death situation.
Hospital medical records, diagnostic tests and expert analysis are all often important factors in deciding whether a hospital did not adhere to accepted medical standards or not.
Healthcare professional reviewing patient medical records
How a Hospital Negligence Lawyer Builds a Strong Claim
Hospital and Insurance company liability for medical negligence cases will be disputed, as a result you have to investigate the case well. A knowledgeable lawyer will know how to be able to obtain evidence and provide evidence for how the provider of healthcare was directly responsible for the injury.
A lawyer can assist by:
- Reviewing medical records
- Seeking medical advice in an impartial way
- Expanding awareness of the hospital policy violations
- Interviewing witnesses
- Computing past and future losses
- Successfully dealing with insurance, repairing and replacing
- Case prep for trial
This can be from the physician, nurse, medication records, imaging studies, hospital protocols and statements of qualified medical experts.
Claim preparation is important to the success of the claim as medical malpractice law is very procedural, and has strict filing deadlines.
Attorney reviewing medical documents and legal files
Compensation Available in a Hospital Negligence Case
Hospital neglect survivors may be dealing with a lot of financial and emotional issues. Depending on the situation, the compensation should cover your losses, such as short term and long term issues.
Potential damages include:
- Medical expenses
- Future medical treatment
- Rehabilitation costs
- Lost wages
- Reduced earning capacity
- Disability accommodations
All cases are different and compensation varies based on the extent of the injury, the effect that the injury had on the patient and evidence. It’s better to take action as soon as possible as medical records may be harder to obtain over time and witnesses may have a forgetful memory.
Taking Action After Suspected Hospital Negligence
Taking the right steps early can beef up your case, if you believe that the hospital did not treat you properly.
Helpful actions include:
- Ask for all medical records to be provided.
- Keep receipts for medical expenses.
- Take photographs of any injuries that are visible.
- Keep a log keeping track of symptoms and recovery.
- Don’t talk about your claim in the public eye.
- Take all the recommended medical treatment.
- Before taking any settlement offers, consult a lawyer.
The medical facilities and insurance providers will start investigating as soon as the event. Getting legal support at the beginning means the legal process doesn’t impact upon your interests.
Frequently Asked Questions
What qualifies as hospital negligence?
When a hospital or anyone working at the hospital does not live up to the standard of care he is supposed to provide and prevent a patient from being harmed or injured, that is considered hospital negligence.
What evidence is important in these cases?
Medical records, physicians’ notes, images, medical records, doctor statements, witness statements and hospital policies are critical pieces of evidence.
How do I know if I have a valid hospital negligence claim?
In order to make a claim, you’ll need to have evidence that a breach of hospital duty of care was the actual cause of your harm and damages.
Can I recover compensation for emotional suffering?
Yes, victims also may have the chance to obtain damages for their actual losses (such as medical bills), but may also have the opportunity to recover damages for their physical injuries, emotional distress, loss of enjoyment of life, and pain and suffering, among other things, depending on the circumstances.
Conclusion
When mistakes can be prevented, patients deserve a competent level of medical care along with honest accountability when these mistakes happen. The first step that you need to take after a medical staff’s negligence is to familiarize yourself with the legal options that are available to you, in order to recover from the physical, emotional and monetary trauma that you are experiencing. A thorough understanding of the legal aspects involving serious harm from a hospital can guide you through evaluating your case, ensuring you receive the justice you deserve, and safeguarding your rights. With their extensive experience representing some of the injured individuals resulting from serious medical negligence, Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck can guide you through the legal process.