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Hospitals throughout the Commonwealth of Virginia serve an important role in our communities. We rely on them to provide safe, high-quality care in our times of greatest need. Unfortunately, hospitals sometimes fail to uphold the standard of care and patients suffer serious harm. In Virginia, victims of hospital negligence have the right to seek justice and compensation for the damages they have suffered.
At Regan Zambri Long, we understand the devastating impact that hospital negligence can have on your life. Our experienced Virginia medical malpractice attorneys are dedicated to holding hospitals and medical professionals accountable for their actions, ensuring that victims receive the compensation they deserve.
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Hospital negligence is similar to medical malpractice but differs in some distinct ways. While medical malpractice typically refers to the failure of a particular healthcare provider, such as a doctor or surgeon, hospital negligence refers to a failing at the institutional level.
Hospital negligence occurs when a hospital as an institution fails to provide a safe and adequate environment for patient care. This type of negligence can involve systemic issues, such as poor staffing, inadequate training, or unsafe conditions within the hospital that lead to patient harm. Hospital negligence focuses on the actions or inactions of the hospital itself rather than individual healthcare providers. If you have been harmed by a hospital, contact the Virginia medical malpractice attorneys at Regan Zambri Long for a free consultation.
In cases of hospital negligence, the hospital as an entity may be held liable for the harm caused to the patient due to medical malpractice, especially if it’s shown that the hospital’s systemic failures directly led to the injury. It’s important to note that hospital negligence and medical malpractice can sometimes overlap. For example, if a hospital fails to provide adequate staffing, leading to a nurse’s mistake in patient care, the hospital and the individual nurse could be liable under different legal theories.
There are several kinds of situations that can amount to hospital negligence.
Hospitals are responsible for maintaining a clean and safe environment for patients, staff, and visitors. When they fail to do so, patients face an increased risk of infections, falls, and other injuries.
Examples of Unsafe or Unsanitary Conditions:
When hospitals neglect to ensure their facilities are safe and sanitary, they can be held liable for any injuries or illnesses.
While medical malpractice typically focuses on the individual actions of a healthcare provider, hospitals can also be held liable for malpractice committed by their employed physicians. If a doctor, nurse, or other medical professional makes a mistake while providing care, the hospital may share in the responsibility, especially if hospital policies or conditions influence the error.
Examples of Malpractice by a Physician:
Hospitals must hire qualified and competent healthcare professionals. They can be held liable for any resulting harm when they fail to conduct thorough background checks, provide adequate training, or ensure proper staffing levels. Negligent hiring and staffing can create an environment where errors are more likely to occur, making the hospital liable for injuries that result from these systemic issues.
Examples of Negligent Hiring or Staffing:
Hospitals are responsible for continuously monitoring patients, especially those in critical condition or those recovering from surgery. Failure to do so can lead to severe complications or even death.
Examples of Failure to Properly Monitor Patients:
Timely treatment is crucial in medical settings, and any unnecessary delays can have serious consequences for patients. Hospitals that delay or deny treatment, whether due to administrative errors or poor judgment, can be held liable.
Examples of Delayed or Denied Treatment:
Hospitals have established policies and procedures designed to ensure patient safety. Failure to follow these can lead to serious harm.
Examples of Failure to Follow Policies and Procedures:
Victims of hospital negligence can suffer significant financial losses as well as physical and psychological harm. Compensation in hospital negligence cases is designed to cover both the tangible and intangible losses resulting from negligent care. The amount and types of compensation you can pursue depend on the specifics of your case, including the extent of your injuries and the impact on your life.
There are several types of economic and non-economic damages for which you may be entitled to compensation.
Victims of hospital negligence can pursue compensation for the immediate costs of treating the injuries caused by hospital negligence, including hospital stays, surgeries, medications, and rehabilitation. If your injuries require ongoing medical care, you may also be compensated for future medical expenses, such as continued treatment, therapy, and long-term care needs.
If you were unable to work due to your injuries, you can seek compensation for the wages you lost during your recovery period. If the negligence has resulted in a long-term or permanent disability that affects your ability to work, you may be entitled to compensation for the reduction in your earning capacity.
You may be eligible for compensation for the physical pain and discomfort due to the hospital’s negligence. Compensation for pain and suffering also includes the emotional and psychological impact of your injuries, including anxiety, depression, and loss of enjoyment of life.
Compensation may be awarded for the negative effects of your injuries on your relationships with your spouse, children, or other family members. This includes the loss of companionship, affection, and support.
If hospital negligence leads to the death of a loved one, the surviving family members may be entitled to compensation through a wrongful death claim. This can cover funeral expenses, loss of financial support, and emotional suffering.
The statute of limitations is the legal deadline for filing a lawsuit. Missing this deadline can prevent you from seeking compensation, no matter how strong your case may be.
In Virginia, the statute of limitations for filing a medical malpractice lawsuit is typically two years from the date the alleged malpractice occurred or the date of the injury or negligent act to file your claim in court. If you do not file within this period, your case will likely be dismissed, and you will lose the right to pursue compensation.
There are several important exceptions to the general two-year rule that can extend the filing deadline in certain circumstances:
An experienced Virginia hospital negligence lawyer can determine if these exceptions apply to your case. Don’t wait—contact us today to protect your rights and pursue the compensation you deserve.
Yes, Virginia imposes a cap on the total amount of damages that can be awarded in medical malpractice cases, which includes hospital negligence. As of 2024, the cap is set at $2.65 million. This cap increases annually until it reaches $3 million in 2031. The cap applies to both economic damages (such as medical expenses and lost wages) and non-economic damages (such as pain and suffering). However, punitive damages are capped separately at $350,000. It’s important to consult with an attorney to understand how these caps may affect your potential compensation.
Yes, you can sue a hospital for a doctor’s malpractice under certain circumstances. If the doctor was an employee of the hospital and the malpractice occurred within the scope of their employment, the hospital may be liable, known as vicarious liability. Additionally, even if the doctor was an independent contractor, the hospital could still be liable if it failed to properly vet the doctor’s credentials, provide adequate supervision, or if the malpractice was related to a systemic issue within the hospital.
If you suspect that you or a loved one has been a victim of hospital negligence, it’s important to act quickly. Start by documenting everything related to the treatment, including dates, times, names of medical staff, and the details of what occurred. Obtain copies of your medical records and consult with an experienced medical negligence attorney as soon as possible. They can help you determine if you have a case and guide you on the next steps.
Our medical negligence attorneys work on a contingency fee basis, meaning you don’t pay any upfront fees.
If you or a loved one has been a victim of hospital negligence in Virginia, don’t wait to seek the justice and compensation you deserve. The experienced attorneys at Regan Zambri Long are here to help. We offer a free, no-obligation consultation to discuss your case, answer your questions, and guide you through your legal options. With our team by your side, you can focus on your recovery while we fight for your rights.
