When you go to a hospital, you need medical care – but sometimes you end up sustaining further injuries at the hands of the healthcare provider. If this happens, you might consider filing a medical malpractice claim against the hospital or the healthcare provider who attended to you.
Suing the hospital, however, can be tricky business. So, when can you successfully sue the hospital for medical negligence?
Holding the hospital liable for medical malpractice
You can hold the hospital liable for medical malpractice if there is evidence of negligence through administrative or corporate practices. For instance, if the hospital is intentionally understaffed to cut overhead costs, you may sue for injuries attributable to overworked hospital workers. Similarly, you can hold the hospital liable if you establish that the facility knowingly hired and retained an unqualified or incompetent staff.
You can also hold the hospital for the resulting injuries through what is known as “vicarious liability.” This means that you can hold the hospital liable for its employees’ mistakes. For instance, if malpractice happens while the doctor or nurse worked within the scope of their roles, the argument that the boss rather than the employee ought to be liable can allow you to pursue the hospital rather than specific employees for damages.
The key question is always whether or not you received the appropriate level of medical care given the situation. If you didn’t, you likely have a case for malpractice.
Protecting your rights after a medical mistake
An incident of medical malpractice can leave you severely hurt, increasing your recovery time and your overall financial losses. Knowing your legal options can help you safeguard your rights and interests when pursuing the facility for your damages.
