Medical malpractice
Common Causes of Hospital Negligence Cases
Most of the time, when people go to a hospital for treatment of a medical condition, they are treated extremely well and come out in better condition than when they arrived. In some cases, however, a patient may end up sicker than before when being treated by doctors, nurses, or any other medical professional. If the medical provider fails to provide the right care or makes mistakes and injures someone, the victim may have grounds for a hospital negligence lawsuit.
Working with a skilled medical negligence attorney in Philadelphia can strengthen your case. They can meet with you during a free initial consultation to determine if your claim is valid and how to proceed. Your lawyer can assess whether your situation is the result of one of the common causes of hospital negligence cases.
What Is Hospital Negligence?
Hospital negligence can occur whenever anyone employed by a hospital fails to meet the basic standards of care as determined by the medical community. It can include medical malpractice on the part of medical professionals who are employed or contracted by the hospital. It can also include other types of negligence, including failure to provide adequate staffing or supervision or failure to analyze and interpret tests properly.
It can even include sanitation staff who don’t clean properly or aren’t given the right equipment to do so by hospital administrators. Whenever any individual working in a hospital acts in a way that is reckless or intentional, and the result harms a patient who is receiving care, it can be considered hospital negligence.
Even though such negligence or abuse may be at the hands of an individual employee, based on the concept of vicarious liability, the hospital can be considered responsible for that negligent conduct. Your attorney may find that many parties are at fault for your injury or illness, and they will work to hold those individuals and / or institutions accountable.
How Common Is Hospital Negligence in Pennsylvania?
Ideally, hospital staff and administrators are committed to providing the right care for every patient during every visit. However, the reality of care in a busy hospital is that healthcare professionals are overworked, and many shifts are understaffed. In some instances, a mistake doesn’t cause any harm to the patient, so it may go unreported.
Because it is challenging to calculate how often hospital negligence occurs through self-reporting by medical institutions, we can examine how many medical malpractice cases are filed each year. The Unified Judicial System of Pennsylvania reports that between 1,450 and 1,580 were filed between 2018 and 2022, an average of 1,471 people who felt they had suffered injuries at the hands of medical practitioners who failed to uphold their duty of care.
Main Categories of Hospital Negligence
Patients are at risk of suffering greater harm by developing a new condition, contracting a new illness, or having their current injury made worse by hospital negligence. Victims can end up with serious complications that affect them for the rest of their lives.
Whether it is an error in dispensing medications, operating on the wrong surgery site, or failing to diagnose a condition, most negligence falls into three main categories.
A Healthcare Worker Deviates from the Recognized Standard of Care
The standard of care is established so doctors and nurses can have guidance on what treatments to provide, when to provide them, and for how long. The goal is to return the patient to full health whenever possible, and this standard can vary depending on multiple factors. Age, health history, prognosis, and other considerations will determine the appropriate steps.
For example, consider two similar disease cases involving a Stage 2 liver cancer tumor. The methods used to treat a 26-year-old patient will be very different from the care given to an elderly individual with additional severe health problems. The older patient may be unable to withstand the additional trauma of undergoing surgery or chemotherapy. Doctors must ensure they are providing the right level of care according to what is standard for the patient’s individual details.
When a healthcare provider deviates from the standard of care, and a patient suffers harm as a result, the individual may be a victim of hospital negligence. Their attorney will research what the accepted standard of care is for a similar case and hold any responsible parties liable for their actions.
Making an Existing Condition Worse
Sometimes, the patient will not acquire a new illness or injury, but the negligence will make their current condition much worse. A person who comes into the hospital for car accident injuries may lose a substantial amount of blood if not treated immediately. If surgery can’t be performed, the patient could develop brain damage from lack of oxygen. When a doctor, nurse, or other provider fails to act correctly and quickly, patients may end up with a much worse condition than before.
Causing the Patient to Develop a New Injury or Illness
Patients may acquire conditions such as healthcare-associated infections such as surgical site infection or pneumonia in a healthcare setting. If a provider fails to dispense the right medication or correct dosage, a patient could experience an allergic reaction or fall into a coma. Whenever someone develops a new injury or disease as a result of hospital negligence, they may be eligible to seek compensation with the help of a qualified medical malpractice firm.
Common Injuries Caused by Hospital Negligence
There are many common mistakes a medical provider can make which could cause a patient to experience or develop injuries as a result of hospital negligence. Some of these include:
- Amputating the wrong limb
- Committing surgical errors
- Failing to diagnose or treat a condition
- Failing to provide proper daily care, resulting in bedsores or other maladies
- Failing to sterilize or sanitize equipment and treatment areas
- Injuring the parent or infant during labor and delivery
- Leaving objects like sponges or surgical tools in the body after surgery
- Making errors when dispensing prescription medications
- Not taking proper fall precautions for patients
- Performing unnecessary surgery
Too often, the most serious causes of hospital negligence can leave a patient with a permanent injury, such as the loss of a limb, a permanent brain injury, or wrongful death. A hospital may have been negligent and can be found liable for a number of reasons.
For example, they may not have enough staff to provide sufficient care to all patients. They may have failed to supervise or train staff adequately, or they may have failed to make sure non-employees, such as an attending physician or another independent contractor, are properly credentialed.
Many Parties May Be Liable for Hospital Negligence
Many of our clients are surprised when they learn that multiple individuals and / or entities can be considered at fault for their damages. In many hospital negligence cases, it’s not just one doctor or nurse who is liable, but a combination of errors from different practitioners. In other situations, the hospital itself, through its administrators, is responsible for the actions that lead to their harm.
Some common parties we hold accountable for harming clients in medical malpractice claims include:
- ER doctors
- Surgeons
- Surgical nurses and staff
- Anesthesiologists
- Pharmacists
- Nurses
- Sanitation staff
- Contractors
- Medical equipment manufacturers
- Repair and maintenance employees
- Security companies
After conducting an in-depth investigation, your medical negligence attorney will determine which parties are at fault and can be held liable. They will build the strongest case possible based on the evidence available to secure the maximum compensation available for you.
Hospital Negligence Cases Are Medically Complex
Hospitals are licensed and regulated by both the federal government and the state of Pennsylvania. They are required by law to follow certain specific policies and procedures designed to protect and preserve the health of all patients. When a patient is left with a serious injury due to negligent care, the hospital can be held liable for those injuries.
There is simply never an excuse for placing patients in harm’s way by failing to provide adequate care. As is the case with all medical malpractice, hospital negligence cases can be very complicated, primarily because the law surrounding such issues is very difficult to comprehend and the evidence is highly technical.
In addition, hospitals and their insurance carriers try to protect themselves with claims of “complications” that no one could have predicted. They have large teams of lawyers at their disposal who will work hard to make sure they are not held liable for the different causes of hospital negligence. Even respected doctors and administrators will be reluctant to testify against other professionals in their field.
When Should You Pursue Your Hospital Negligence Claim in Pennsylvania?
The first concern you likely have after suffering injury or illness due to hospital negligence is getting better. You must concentrate on recovering and trying to return to your life before you were harmed. However, it’s vital that you do not delay in seeking legal assistance to determine the potential of your case.
In Pennsylvania, the statute of limitations is only two years from the date you discovered the negligence. This means your attorney has just 48 months to assess your case, collect evidence, gather witness statements, and prepare your claim. If they must negotiate with insurance companies first, this can add to the work needed before you can seek justice in court during a lawsuit.
The longer you wait, the less powerful your attorney may be able to make your case. When you work with a skilled and experienced medical malpractice law firm, you can focus on healing while your legal team fights for what you deserve. Look for attorneys who are not afraid of going up against large hospitals and protecting your rights.
Learn More About Hospital Negligence and Whether You Have a Valid Case
If you or a loved one has been the victim of negligence on the part of hospital personnel and were seriously injured or suffered a wrongful death, you should work with the highly experienced medical malpractice attorneys at Lopez McHugh. Our lawyers will use their extensive experience and access to experts in the field to your advantage. We will show how your care deviated from acceptable standards of care and calculate the full value of your claim.
Trust in a Philadelphia hospital negligence attorney at Lopez McHugh to evaluate the damage done and get you the compensation you deserve. Contact our offices today so that we can evaluate your hospital negligence case and discuss your options with you.