Proving Hospital Negligence in a Medical Case
Legally Reviewed and Edited by: Terry Cochran
All patients must be afforded the accepted standard of professional medical care in both private and public healthcare environments. This standard is clearly defined as to avoid miscommunications among health care professionals, and to provide patients with a level of certainty so they know what to expect when they step foot inside a doctor’s office or hospital.
When this standard is not upheld, and you or a family member are injured as a result – you have the right to file a medical negligence claim and secure compensation for your losses.
Cochran, Kroll, & Associates, P.C. has a great deal of knowledge and experience in handling all types of medical malpractice cases. Whether you would like to file a claim against an individual doctor or a hospital, our legal team is here for you.
Types of Hospital Negligence
Unfortunately, personal injury and wrongful death cases are not uncommon and can be onset by a myriad of different issues, actions, or negligence.
A shortage of trained hospital employees could decrease the level of care patients are accustomed to in hospitals. If the entire hospital, or just a certain section, is understaffed, nurses and doctors will have less time with each patient, increasing the likelihood of missing or even misdiagnosing symptoms.
Untrained or poorly trained nurses and aids can, unknowingly, cause irreparable harm to their patients. By misplacing medical records or test results, by administering the wrong medication or the incorrect dose, a patient’s life could be in danger.
Seemingly unimportant mishaps like a small miscommunication could lead to a false diagnosis or treatment. If your medical caregiver is uninformed, they may also relay the wrong information to you – leaving you in the dark about your true condition and the care you actually need.
Whether it’s due to stress, time constraints, or a shortage of materials, you should always be able to count on your caregiver to provide the very best treatment possible.
However, medical negligence cases are not just limited to the actions of nurses, doctors, or aides. Medical facilities and their equipment also contribute toward the overall standard of care.
Outdated or broken equipment could injure patients or provide a false diagnosis. If certain buildings or compartments are in disarray, staff may be unable to find the tools they need to provide patients with proper care. Unclean surfaces pose an immediate health risk to any patient being treated in the hospital, regardless of the severity of their condition.
Hospitals & Their Liabilities
Traditionally, medical professionals worked specifically for one medical institution or hospital. Today, many nurses, doctors, and surgeons are hired as independent contractors through healthcare facilities instead of being hired for one specific facility or hospital.
This makes identifying the liable party in case of an injured patient more difficult. In the past, the hospital was legally liable for their employees’ actions. Facilities were then deemed as the defendant in medical malpractice cases.
But as laws continue to change and more hospitals hire private contractors, the law has changed. Under ‘vicarious liability’, hospitals can be held legally responsible for all of their employees’ actions – private contractors included. Many facilities also have the ‘corporate liability’ to only hire competent workers who have gone through proper training, and retain all the necessary credentials for practicing medicine.
However, there are exceptions. If an individual carries out an activity they are unqualified to do, such as administering medication, without informing the hospital, the facility may not be held accountable.
Whatever the circumstances, talking to experienced medical malpractice attorneys can help you determine the correct course of action whether that is filing a claim against the facility, against the individual who provided you with subpar or harmful care, or both.
At Cochran, Kroll, & Associates, P.C., we have decades of experience in the realm of medical malpractice and personal injury cases in hospitals. We can help you build a case, present it before the court, fight for your justice, and acquire punitive damages on your behalf.
Hospital Negligence Cases in Michigan
Most cases involving falls, serious infections, misdiagnosed conditions, and preventable birth complications are categorized as systemic failures of the hospital and its staff.
To prove a hospital’s negligence, you must show that the facility or staff was legally obliged to care for your health and wellbeing. You must prove that the level of care you received was below that of what is expected of similar institutions. Most importantly, you must prove that causation – a connection between the hospital’s error and your injury.
The medical malpractice lawyers at Cochran, Kroll, & Associates P.C. will collect all relevant information including your medical records by contacting your doctors and other healthcare professionals directly. They will comb through each document to uncover potential mistakes made on behalf of the hospital as well as proof of your pain and suffering resulting from your injuries or misdiagnosis.
If your injuries left you unable to work, we will fight to acquire your lost wages. Depending on the severity of your injuries, we may discuss the possibility of the Social Security Disability Benefits and whether that could be a potential stream of financial support for you.
Contact our law firm at 866-MICH-LAW to schedule your free, non-binding case evaluation with our hospital negligence lawyers. We operate on a contingency basis so never charge a fee unless we win your case.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.