Hospital negligence is a form of medical malpractice that can lead to serious or life-threatening complications. Several different types of hospital employees can commit malpractice including surgeons, doctors, nurses, anesthesiologists, physician assistants, and anyone else who has direct contact with a patient.
Hospitals violate federal and state law when its employees commit an act of malpractice that harms a patient. If you or a close family member have experienced this type of treatment when you went to a hospital for help, we invite you to contact us the medical malpractice lawyer at Jacob Fuchsberg Law Firm to inquire about your legal rights in suing a hospital for a negligence claim.
In the majority of cases, hospital employees treat a patient adequately and he or she goes on to recover from whatever caused the stay in the hospital or trip to the emergency room in the first place. Unfortunately, this scenario does not play out for every patient who visits a hospital to receive medical treatment. Some receive neglectful or even abusive treatment from hospital staff instead, leaving them suffering even more or causing their untimely death.
Some hospital administrators believe that all they need to do is apologize to the patient and everything will be alright. Occasionally an official employee of the hospital will speak to the victim directly to mitigate any consequence to the hospital, staff members, or even an independent contractor. While others will never admit to making a mistake. As an injured patient, you know that words will not help you recover. Perhaps you are asking yourself the question can I sue a hospital for negligence? The answer is yes if you can prove that the actions of a hospital employee or a healthcare professional have a direct relationship with your current injuries.
Perhaps you recognize one of the common forms of hospital malpractice listed below.
New York law allows injured patients two years and six months to file a medical malpractice lawsuit in most cases. However, the statute of limitations has several exceptions and can become complicated. Our hospital negligence lawyers will explain how much time you have to file a medical malpractice claim for medical negligence based on your individual circumstances, and give you best legal advice possible.
You must meet very specific criteria before you can file a hospital negligence lawsuit. For example, you need to demonstrate that you had a professional relationship with the doctor or other medical providers who treated you. This is known as duty of care. The rule is in place to prevent patients from suing doctors when they are simply unhappy with their advice or heard the information secondhand.
All medical professionals must exhibit reasonable skill and medical care when treating a patient. This means that the standard of care does not need to be outstanding but rather something you would expect of another provider with the same level of experience and training.
To prove negligence against a hospital employee, you must demonstrate that his or her actions harmed you in a way that the actions of another provider considered component would not have harmed you. This typically requires having hospital neglect lawyers call an expert medical witness to testify on your behalf. Lastly, you need to prove that it was the provider’s error and not a complication of your medical condition itself that caused your present injuries.
When it comes to hospital negligence cases, certain errors appear more often than others. Childbirth errors, which can include failure to monitor the mother appropriately during pregnancy or a critical error that harmed the mother or baby during birth, is one of them.
New York is a comparative negligence state. That means any amount you receive in a personal injury or medical malpractice lawsuit is reduced by the percentage of blame a jury assigns you. For instance, your doctor could have failed to diagnose you in a timely manner but you failed to come in for follow-up care after he or she made a proper diagnosis. Unlike many other states, however, New York does not put a cap on what you can recover for medical malpractice, or wrongful death nor does it limit non-economic damages. Pain and suffering is an example of the latter.
Pain and suffering is subjective and can hinge on how much sympathy a jury has for your situation. It may include such things as ongoing physical pain, emotional distress, loss of close relationships, and the inability to work in the career that brings you personal satisfaction and that you spent thousands of dollars investing in to get a college degree. You absolutely can request compensation for pain and suffering if you decide to follow through with your lawsuit with our personal injury attorneys.
A hospital has wronged you and now you are receiving medical bills you have no financial resources to pay. You may also be looking at lifelong pain and disability due to the hospital error as well as lost wages while you recover. Before this situation becomes even more stressful for you, please reach out to our law offices and speak with a hospital negligence attorney to learn more about what you can do to seek justice for a changed life at someone else’s hand.
Medical malpractice law is complex and it is often best to speak with an attorney who can evaluate your claim. Our attorney-client relationship is what we’re known, for as we put you and your family first. Also, good medical malpractice attorneys do not charge any fees for this kind of consultation, so you have nothing to lose (and potentially plenty to gain, in peace of mind). If you or a loved one was a victim of hospital negligence in New York, New Jersey, or Connecticut, we welcome you to contact our personal injury lawyers for a free, free consultation about your case 212-869-3500.
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