What is Hospital Malpractice?
Written by Cooper & Friedman PLLC on January 23, 2017
Hospital malpractice is a type of medical malpractice that occurs in a hospital. Often it involves a situation where a doctor or other medical professional employed by a hospital causes injury to a patient. The negligence oftentimes can be the result of incorrect diagnosis, treatment, care, or health management.
For example, in certain instances, a medical professional may perform surgery on the wrong part of the body. In 2001, USA Today reported that Dana Carvey had heart bypass surgery and the surgeon accidentally bypassed the wrong artery.
In other examples of hospital malpractice, medical care providers ignore or overlook symptoms which lead to serious problems and death. Furthermore, hospitals are liable in cases where patients become infected from serious infections like MRSA because of negligence while in the hospital.
What Does it Take for a Case to be Hospital Malpractice?
The hospital malpractice claim must meet the following requirements to be recognized.
Violation of the Standard of Care
The law states that there are certain medical standards that every medical practice and all hospitals must adhere to. This is better known as the standard of care. Any patient that visits this practice or hospital then has the right to expect that health care professionals will give them that established standard of care. The case is ruled as negligence when a court concludes that a standard of care was not met.
Negligence of the Doctor or Hospital Caused the Injury
For a medical malpractice claim to be true, the health care professional cannot simply ignore the standard of care. The patient has to show proof to the courts that an injury was caused due to the professional’s negligence. An unfavorable outcome is not enough for the case to be malpractice. The patient must prove that negligence was the cause of the injury. If the patient cannot prove both, then there is no case.
The Injury Resulted in Serious Damages or Injuries
Hospital malpractice lawsuits are extremely expensive and complicated. These cases may require testimonies from a number of medical professionals and many hours of depositions. For a hospital malpractice case to be viable, the patient must show that their injuries are due to negligence. The cost of the case may be more expensive than the recovery itself if the damages are minor. To further pursue a hospital malpractice claim, the patient must show the injury caused a disability, loss of income, unusual pain, suffering and hardship, and extensive medical bills.
Hiring a Hospital Malpractice Attorney
If you or a loved one was the victim of some type of hospital malpractice in Kentucky or Southern, Indiana, then it is important that you learn more about your legal rights and responsibilities.
The attorneys at Cooper & Friedman have over 45 combined years of experience fighting for the rights of injury victims. With an A+ BBB rating, Cooper & Friedman has successfully recovered millions of dollars for seriously injured people. Contact our law office at 502-459-7555 for a free case consultation with a hospital malpractice attorney.