What Is Hospital Malpractice?
When you enter a hospital with an illness or injury you expect that medical professionals will attend to your needs, but what if that hospital is responsible for causing you illness or injury? If this happens you can and should hold those responsible accountable by filing a medical malpractice suit.
This article will cover what hospital malpractice is, whether you are eligible to file a medical malpractice suit after receiving negligent care in a hospital, and what damages and penalties can be recovered in a medical malpractice case.
What is hospital malpractice?
Hospital malpractice is when a medical facility or its physicians act in a way that deviates from accepted norms of practice and injures a patient due to professional negligence.
When can I file a malpractice claim?
According to the National Library of Medicine, a patient alleging medical malpractice must generally prove four things to be successful in their claim:
- The existence of a legal duty on the part of the doctor to provide care or treatment to the patient— this is generally established by the professional relationship shared between a doctor and a patient.
- A breach of this duty by the failure of the treating doctor to adhere to the standards of the profession— would another doctor reasonably act the same way? The standard of care generally refers to care that a reasonable, similarly situated professional would provide to a patient. Proving the breach of that care usually relies on expert witness testimony.
- A causal relationship between such breach of duty and injury to the patient.
- The existence of damages that result from the injury such that the legal system can provide redress. Monetary damages are generally awarded to compensate actual costs. Though rare, punitive damages may also be awarded for especially egregious conduct that society has a particular interest in deterring.
What damages and penalties are recovered in a medical malpractice case?
Each case is different, but if defendants are found liable for medical malpractice, they will be required to pay damages. In addition to these damages and penalties, they may lose their medical practice or be disqualified from practicing medicine.
Where should I report my medical malpractice case?
Injured parties or whistleblowers wishing to file a report against a doctor or hospital should seek out the state medical board. While this reporting may affect the doctor or hospital’s ability to continue practicing medicine in that state, it does not initiate a medical malpractice lawsuit or compensate the injured party for their time, pain, or suffering. Reach out to a trusted attorney as soon as possible to get your case started in Maryland, New York, Washington DC, Pennsylvania, Tennessee, and beyond.
Contact the Medical Malpractice Attorneys at Peter Angelos Law
Bringing legal action against a large corporation or entity like a hospital can be intimidating and involve a complex and lengthy legal process. When it comes to a medical malpractice lawsuit, seeking support from a powerful, experienced, and dedicated attorney is paramount to success. At Peter Angelos Law, we have a team ready to work with you and guide you through a successful suit. For valuable assistance with your case, contact us today to speak with a member of our team.