Hospitals are necessary for our communities. You place a unique trust in medical professionals responsible for your well-being. Unfortunately, some hospitals are poorly run. In these instances, the actions of a healthcare professional can rise to the level of medical malpractice. At Winkler Kurtz, LLP, our Long Island medical malpractice lawyer is dedicating to helping victims of hospital negligence receive the compensation they deserve. Continue reading to learn more about negligence in hospitals and how we can help.
What is Hospital Negligence?
Negligence in hospitals is a form of medical malpractice that includes any inaction, action, or oversight that disrupts the delivery of proper care to patients, resulting in an injury. To qualify as hospital negligence, you must demonstrate certain elements. One must show that an employee of the hospital committed the negligence, the hospital’s policies caused or failed to prevent negligence, or that the hospital’s unsafe premises led to the injuries. Injuries caused by hospital negligence can occur in several ways, including:
- Hospital support staff mishandling patient records.
- Not hiring enough staff.
- Lack of security.
- Misdiagnosis or failure to diagnose.
- Inadequate lighting in hallways.
- Inadequate patient monitoring, resulting in falls.
- Failure to screen employees for proper licensure and training.
- Insufficient sterilization.
- Postoperative negligence.
- Incorrectly inserting IV catheters.
In these situations, the hospital may be held liable for damages suffered by patients. Our Long Island medical malpractice lawyer will evaluate the particulars of your case to help determine if you can file a claim against the hospital.
Proving Hospital Negligence
Proving hospital negligence comes with a unique set of challenges. These cases require an understanding of the proper protocols and standard of care in hospitals. Our Long Island medical malpractice lawyer is experienced in these claims and will help you establish your claim. Proving hospital negligence requires a lot of evidence, including:
- Hospital policy.
- Hospital records.
- Test results.
- Surveillance video and audio recordings.
- Your medical records.
- Witness statements.
Your lawyer will use the gathered evidence to put together your case to prove that the hospital breached its duty of care. Many doctors are not hospital employees, so their actions may not be applicable as hospital negligence. If an individual is an employee of the hospital, the hospital is usually liable if the employee harms a patient through incompetent actions. Hospital employees generally consist of medical technicians, nurses, and support staff. If your doctor is an independent contractor, you need to take them to court with an experienced attorney.
Damages
Suffering an injury caused by negligent hospital staff can be emotionally and physically traumatic. You may be left with a condition that will affect you for the rest of your life. An injured patient or family of a patient may be awarded damages for the harm caused by a negligent hospital. These can include the following:
- Medical expenses – Expenses including hospital stays, physical therapy, prescription medication, and past and future costs associated with your injury.
- Pain and suffering – Emotional distress and physical pain are challenging to live with. These damages are designed to compensate a victim for these damages.
- Lost earning capacity or wages – An injury can force you out of work to recover, so you may be entitled to collect these lost wages. If you’re unable to earn at the same capacity, you may be awarded compensation.
Contact A Long Island Medical Malpractice Lawyer
If you have suffered an injury or developed an illness caused by hospital negligence, our Long Island medical malpractice lawyer may be able to file a suit against the hospital. At Winkler Kurtz, LLP, we will advocate for you so that you can receive the compensation you deserve and focus on your recovery. Contact our office today to schedule your free consultation.