Hospital negligence refers to any act of medical malpractice by a hospital or occurring in a hospital. In other words, if you were injured or lost a loved one due to a hospital employee’s error or the hospital staff’s negligence, you could have a personal injury or wrongful death case.
Examples of hospital negligence include:
- Emergency room errors
- Trips, slips, and falls
- Anesthesia errors
- Medication mistakes, such as improper dosage
- Failure to diagnose, misdiagnosis, or delayed diagnosis
- Failure to treat or delayed treatment
- Birth injuries
- Failure to obtain informed consent
- Surgical errors
- Failure to order proper tests
- Misanalysis or misreading of lab results
- Hospital laboratory errors
- Disregarding a patient’s medical history
- Failure to recognize/respond to symptoms
- Order or conducting unnecessary procedures
- Poor aftercare/follow-up
- Premature discharge
- Failure to provide patients with proper instructions
You may also have a hospital negligence claim if you were injured due to unsafe conditions on the premises. For example, if you slipped, tripped, and/or fell on an unmarked wet floor or developed a hospital-acquired infection as a result of unsanitary conditions, you could have a case against the hospital. These types of cases typically fall under premises liability law, rather than medical malpractice.
When Can You Sue a Hospital for Negligence?
To have a claim against a hospital, the hospital must be legally responsible for your damages.
This means that you must prove the following:
- You were a patient of the hospital or had a reason to be present at the hospital and, therefore, the hospital owed you a duty of care
- The hospital failed to uphold the duty of care by providing unsafe, defective, or hazardous conditions or by providing substandard medical care
- You were injured and/or suffered compensable damages, such as medical expenses, lost wages, pain and suffering, and loss of enjoyment of life
- Your injuries and/or damages were caused (directly or indirectly) by the hospital’s negligence or failure to uphold the standard of care
It should be noted that, while hospitals are typically liable for the conduct of their employees, they are not liable for the conduct of independently contracted physicians and other self-employed medical staff. Additionally, the hospital may not be liable if a hospital employee makes an error or commits an act of malpractice while under the supervision of an independently employed physician.
Can You Sue a Hospital for Unsanitary Conditions?
You may be entitled to file a lawsuit against a hospital if you were injured or otherwise harmed due to unsafe or unsanitary conditions. Hospitals have a strict responsibility to provide safe, healthy, and hygienic environments for all patients. Failure to do so can have serious effects, such as hospital-acquired infections, exposure to airborne or bloodborne infectious diseases, and other potentially life-threatening consequences.
Unsafe hospital conditions can also lead to premises-related accidents, such as slip and falls, needle-prick injuries, and even assaults by fellow patients or hospital staff.
If you were injured or otherwise harmed due to unsafe or unsanitary hospital conditions, get in touch with our Bronx hospital negligence attorneys at Wolf & Fuhrman LLP right away. We can review the details of your case and determine whether you are entitled to seek compensation for your damages in a lawsuit. Time is limited, so it is important that you speak to a member of our team as soon as possible.