Hospital Neglect and Hospital Negligence Lawsuits

Can I Sue a Hospital for Negligence?

What Every Washington, DC, Patient Needs to Know Before a Lawsuit

Hospitals and medical professionals owe every patient a standard of care. When your medical care does not meet the standard, you may have grounds for a malpractice case.

Many medical malpractice lawsuits are brought against healthcare professionals. Medical negligence occurs when a healthcare provider does not provide the care another reasonable professional would provide in the same situation.

Hospitals are held to standards of care. They can be sued when hospital neglect occurs. This can involve:

• lack of staffing
• inadequate training
• failure to meet patients’ basic needs
• unsanitary conditions

Liability can be challenging to determine in some cases. If a doctor fails to diagnose your condition, you must determine if the failure was the doctor’s fault or the hospital’s. The hospital may be liable if it fails to train the doctor or ensure the doctor is qualified properly.

You should consult an experienced medical malpractice lawyer when you suspect negligence. Violations of Washington, DC, medical standards are serious. Filing a medical malpractice claim can be a complex process.

The Code of the District of Columbia requires medical injury patients to notify a hospital of their intent to sue 90 days before filing a claim. An attorney will help you make a plan to ensure your malpractice lawsuit is correctly filed on time.

Under DC law, anyone who contributed to their injuries cannot claim compensation. This is contributory negligence and can hinder a negligence claim. A medical malpractice lawyer will ensure that you are not unfairly held liable.

What Do You Have to Prove in a Hospital Negligence Lawsuit?

The first thing you must establish is that a doctor-patient relationship exists. This means that you were seeing the healthcare provider in a professional capacity. Medical records will allow you to establish this relationship.

You must also prove that negligence or neglect occurred. Your hospital negligence lawyer will assist you in proving:

• the provider owed you a duty of care
• the duty of care was breached
• the breach caused your injuries and damages

It is important to note that intent is not a factor in negligence cases. You do not have to prove a motive. Most hospitals and hospital employees do not commit malpractice out of malicious intent. Most often, negligence is an accident.

Instead, you must prove that another provider would have given you different and better treatment than you received.

Why Suing a Hospital is Different from Other Medical Malpractice Cases

Hospital negligence claims differ from other medical malpractice claims in some important ways. Many medical professionals in hospitals are independent contractors and not employees. It is harder to hold the hospital liable for medical malpractice. Instead, you must prove that the hospital was negligent in hiring or supervising.

Additionally, calling someone an independent contractor is not enough to deny liability. Your personal injury lawyer may be able to prove that your provider is actually an employee, and therefore, the hospital can be liable.

If the negligence of hospital staff injures you, you can bring a suit against the hospital itself.

A lawsuit is not easy, even when you see negligence or malpractice. Consulting with a Washington, DC, medical malpractice attorney gives your case the best chance.

Common Reasons to Sue a Hospital for Negligence

Unfortunately, hospital negligence is not uncommon. Providers are overbooked. Injuries caused by negligence can range from mildly inconvenient to catastrophic. Some of the most common forms of medical error include:

• Birth injuries: healthcare providers must be aware of what is going on with both the mother and baby to ensure a successful delivery. If a provider misses high blood pressure or a dropping fetal heart rate, the results can be a tragic loss.
• Misreading charts or lab results: medical labs and results can be complicated to understand. However, reading mistakes can quickly lead to a wrong medication or unnecessary medical procedure.
• Failing to order appropriate tests: when providers make assumptions about your symptoms or condition, they may fail to order appropriate diagnostic tests. This can lead to delayed diagnosis, misdiagnosis, and further pain and suffering.
• Failing to make specialty referrals: healthcare professionals specialize in certain types of medicine for a reason. A provider who fails to make a specialty referral may prolong their patient’s suffering and cause further injury.
• Surgical errors: Mistakes during surgical procedures can be catastrophic. They range from undertaking the wrong procedure to additional injuries and complications. Some surgical errors include leaving medical equipment inside the patient.
• Anesthesia errors: anesthesiologists must be careful when administering anesthesia. The wrong dose or the wrong drug could lead to serious complications and injury for the patient.
• Medication errors: the wrong medication or the wrong dose can cause further injury to the patient. It can prolong pain or cause new issues.
• Infections: Patients can be prone to infection, particularly after surgical procedures. The hospital may be liable if the hospital does not maintain hygiene standards and a patient gets a preventable infection. The Centers for Disease Control and Prevention reports that 1 in 31 patients experiences a healthcare-associated infection.
• Failure to diagnose, wrong diagnosis, or delayed diagnosis: when a patient isn’t diagnosed correctly, it prolongs their pain and suffering. Diagnostic errors can cause unnecessary procedures and medication, emotional trauma, and continued chronic pain.

What is the statute of limitations for my hospital negligence claim?

Statutes of limitations set a time limit on filing personal injury claims. Washington, DC, allows victims three years from the date of the injury to file a claim. You should consult with a hospital negligence lawyer when you suspect neglect occurred. Your attorney will collect evidence to prove your claim. Your attorney will also work with medical professionals to determine your fullest medical recovery before making any settlement demands.

Compensation in a Washington, DC Medical Malpractice Claim

You can seek compensation for multiple types of damages after hospital negligence.

Economic damages include direct financial losses, such as medical bills, lost wages, and future expenses.

Non-economic damages are intangible. They include pain, suffering, and mental anguish.

A jury sometimes awards additional special damages for serious negligent care. These damages punish negligent healthcare facilities.

Seek Legal Advice from Regan Zambri Long

Regan Zambri Long’s legal team has been practicing law for decades in the DC Metro area. Our medical malpractice lawyers have more than 100 cumulative years of experience. When it comes to medical malpractice and hospital negligence, they are your best choice for success.

Healthcare professionals are committed to not harming patients. When mistakes occur, or your level of care is substandard, you are entitled to financial compensation. Hospital negligence can leave patients with emotional trauma and serious injuries. Hospitals must be held accountable for negligent staff and medical errors.

Regan Zambri Long has recovered millions in settlement negotiations and jury verdicts. Our law firm can do the same for your hospital negligence case. We will consult medical experts and expert witnesses to prove your negligence claim.

If you or your loved one are the victim of medical malpractice, don’t trust the insurance company to care for your interests. Contact Regan Zambri Long’s DC medical malpractice lawyers. We are Washington, DC’s best choice for a personal injury law firm. Schedule a free case evaluation today by calling 202-960-4596.