Hospital Medical Malpractice Lawsuits

Most people think about bringing a medical malpractice case against a doctor, nurse, or other individual, but there are many cases where a hospital or other medical facility caused or contributed to the harm suffered by the patient. The negligence of the hospital could be attributed to a failure to implement proper hiring protocols, leading to an unskilled medical professional providing sub-standard care.

In other cases, the hospital administration may not impose the proper cleaning and sterilization routines on the staff, leading to the proliferation of dangerous bacteria, such as Methicillin-resistant Staphylococcus aureus (MRSA). The hospital also may neglect routine cleaning and maintenance of medical devices, leading to misdiagnoses or improper patient care. As with any medical malpractice case, there are steps that must be taken to preserve a person’s right to maintain and succeed at a legal action.

Bringing a Medical Malpractice Case against a Hospital

There are many skills that are developed over many years of handling medical malpractice cases. One of the biggest mistakes that a person can make is hiring an attorney who does not have the experience to understand the nuances of a medical malpractice case and respond properly to the complications that inevitably arise. This is especially true when bringing an action against a large hospital with the resources to retain an experienced defense team. Stern Law, PLLC offers free initial consultations so that a person can learn about malpractice cases and whether or not the mistakes that were made in their care would support a medical malpractice action.

Do Not Delay Pursuing Legal Action

In every jurisdiction, there is a time limit on the period in which to commence a legal action for medical malpractice, known as statutes of limitations. These time limits may begin to run on the day that the injury occurred, even if the person who was harmed does not learn about the potential negligent bases for the harm for some period of time after the injury happened. In many states, there are pre-suit requirements that must be fulfilled before the action is commenced. This means that delays only hurt the plaintiff who was harmed or whose family member suffered as a result of the hospital’s negligence.

Obtain Relevant Medical Records

One of the most important aspects of a medical malpractice case is the records and documents that detail the care that was provided, who provided the care, who may have witnessed the negligent acts or failures to act, and what steps were taken to correct any mistakes. These records may be obtained by counsel for a medical malpractice victim after a release is signed, but it is helpful when a person who was impacted by medical malpractice comes to the initial consultation with as many records as possible.

Evaluate the Merits of the Case

In certain situations, it may be clear that a medical provider failed to meet the medical standard of care, but the harm was negligible, so there is no reason to move forward with the time, stress, and expense of a medical malpractice case, which could take years to reach a resolution. One of the key aspects of any evaluation is what damages might be awarded, including medical expenses, lost wages, miscellaneous costs that were the direct result of the negligence, and pain and suffering. Although there is no way to guarantee particular results, the analysis can provide a good basis for deciding whether or not to move forward with the case. This evaluation also serves to identify the different parties who may have caused or contributed to the harm. Often, there are a number of defendants in a medical malpractice case.

Fulfill any Pre-suit Requirements

Depending on the jurisdiction in which the case will be filed, there may be certain steps that must be taken before a complaint may be commenced, including retaining a medical expert to evaluate the merits of the case and certify that there is a justifiable basis for the action to be pursued in a court of law. A failure to comply with these requirements may result in the case being dismissed. If the statute of limitations has run at this point, it will be impossible to get the legal remedy that the victim of the malpractice deserves.

File the Complaint

The preparation of the complaint is critically important because it sets forth the facts on which the medical malpractice case is based. Although it is impossible to have all of the facts at the commencement of most cases, it does provide an overview of the claims against the hospital. A well-drafted complaint may prompt a hospital’s legal team to offer a reasonable settlement, which may provide a person and his or her family with compensation that they need now rather than at the end of a long legal battle.

Stern Law, PLLC Understands the Complexities of a Hospital Negligence Case

It is only through experience that attorneys gain the insight and skill necessary to advocate effectively for their clients. At Stern Law, PLLC, we know the devastation that medical malpractice can wreak on a family, whether the negligence was committed by a hospital, other medical facility, or individual.

For more than 30 years, our professional malpractice attorney has fought on behalf of our clients. In addition to protecting the rights and interests of our clients, we also act as a resource for those who have been impacted by medical malpractice. We have people available to answer questions 24 hours a day, seven days a week for anyone who has a question or concern, regardless of whether or not you are our client. Call us at 1-844-808-7529 or fill out an online contact form in order to learn how we can help you get through this difficult time.