Can I Sue a Hospital for Neglect or Negligence?

Medical Negligence and Hospital Neglect

Before we breakdown the process of filing a lawsuit against a hospital, let’s first establish a clear understanding of the terms medical negligence and hospital neglect, as these are pivotal concepts in any medical malpractice case.

Medical negligence is when a healthcare provider falls short of delivering the standard of care expected from a reasonable professional in similar circumstances. This could manifest in several forms, such as misdiagnosis, improper treatment, a delay in treatment, or even a failure to obtain informed consent from the patient before proceeding with a course of treatment. The standard of care is determined by what other professionals in the same field would have done in similar circumstances. For instance, if a patient with chest pain is not assessed for cardiac issues and subsequently suffers from a heart attack, the healthcare provider may be deemed negligent for not providing the expected standard of care.

Hospital neglect, on the other hand, encompasses a broader range of issues, generally related to the overall environment and operation of the hospital. This can include a lack of attention to a patient’s basic needs, insufficient staffing levels, inadequate training of medical personnel, or even unsanitary conditions within the hospital. For example, if a patient develops bedsores because the hospital staff failed to move the patient regularly, that can be classified as hospital neglect. Similarly, if a patient is harmed because the hospital did not have sufficient staff on duty to provide adequate care, that would also fall under the category of hospital neglect.

Medical negligence and hospital neglect are breaches of the duty of care that hospitals and healthcare providers owe their patients. When these breaches result in harm or injury to a patient, they can serve as grounds for a lawsuit. Compensation could be awarded to the patient for any damages incurred, including medical expenses, lost wages, pain and suffering, and more. However, proving medical negligence or hospital neglect requires a comprehensive analysis of the facts and circumstances surrounding the case. A medical malpractice lawsuit is very challenging and difficult to prove; it is advisable to consult with an experienced medical malpractice attorney to discuss your case.

Establishing the Elements of a Negligence Claim

When you file a lawsuit against a hospital for neglect or negligence, you essentially claim medical malpractice. To succeed in such a claim, you must be able to establish four key elements. Each element is critical; missing even one can make your claim unsuccessful.

• Duty of Care: The first element is that the hospital owes you a duty of care. This is usually straightforward in the case of a hospital-patient relationship, as hospitals inherently owe their patients a duty to provide care that meets accepted medical standards. This duty extends to ensuring that the hospital is appropriately staffed, that the medical professionals are competent and adequately trained, and that the facility is safe and equipped to provide necessary medical care.
• Breach of Duty: The second element to prove is that the hospital breached its duty of care. A breach can occur in many ways, such as if a patient is misdiagnosed, if there is a surgical error, or if a patient is not monitored adequately. It can also occur if the hospital fails to maintain a clean and safe environment, leading to infections or other complications. A breach of duty happens when the care provided falls below the accepted standard of care.
• Causation: Once you have established a breach of duty, you must then show that this breach directly caused harm or injury. This means you need to connect the negligent act to the negative outcome you experienced. For example, if you were misdiagnosed and given the wrong medication, you need to show that the incorrect medication directly resulted in harm or injury. You will need medical evidence to support the link between the breach of duty and the injury.
• Damages: Finally, you must show that you suffered damages due to the harm or injury. Damages can be economic, such as medical bills or lost wages, or non-economic, such as pain and suffering or loss of enjoyment of life. It is important to carefully document all damages to ensure you are fully compensated for your harm.

In Washington, DC, as in many other jurisdictions, you must establish all four of these elements to have a successful claim of hospital negligence or medical malpractice. You must prove even one element to avoid your claim being denied. An experienced DC medical malpractice attorney at Regan Zambri Long can help gather the necessary evidence and build a strong case against a hospital for neglect or negligence.

Common Situations Where You Can Sue a Hospital for Neglect or Negligence

There are numerous situations in which a hospital’s neglect or negligence can cause harm to a patient. Some common examples include:

• Failure to diagnose or misdiagnosis of a medical condition
• Surgical errors, including wrong-site surgery or leaving foreign objects in the body
• Medication errors, such as administering the wrong dosage or the wrong medication
• Inadequate monitoring of a patient’s condition
• Failure to prevent or treat infections
• Neglecting a patient’s basic needs, such as providing food, water, and proper hygiene.

If you have experienced any of these situations, you may have grounds to sue the hospital for neglect or negligence.

The Process of Suing a Hospital in Washington, DC

Suing a hospital in Washington, DC, can be very complicated; seek the assistance of an experienced medical malpractice attorney. There are three parts to filing the suit:

• File a notice of intent to sue, which must be done within 90 days of the injury.
• 90-day waiting period, during which the hospital has the opportunity to respond.
• If, after the 90-day waiting period, the hospital has not resolved the issue to your satisfaction, you can file a lawsuit.

How Regan Zambri Long Personal Injury Attorneys Can Help

At Regan Zambri Long Personal Injury Attorneys, we have a team of experienced medical malpractice lawyers dedicated to helping victims of hospital neglect and negligence in Washington, DC.  We will work with you to build a strong case, gather evidence, and fight for the compensation you deserve. We understand the emotional and financial toll that medical malpractice can take on individuals and families, and we are here to support you every step of the way.

If you or a loved one have experienced neglect or negligence in a Washington, DC hospital, you may have the right to take legal action. Your medical malpractice attorney will hold the hospital accountable for their actions and seek the compensation you deserve. Contact Regan Zambri Long Personal Injury Attorneys today to discuss your case during a free legal consultation.