Hospital Negligence and Mistreatment: Legal Guide

When patients go to a hospital, they should be able to have confidence that they will receive competent care from the medical professionals there. Unfortunately, hospital negligence and mistreatment happen distressingly often. From misdiagnoses and surgical errors to medication dosing mistakes and inadequate patient monitoring, the consequences of such negligence can be catastrophic.

Elements of Hospital Negligence and Mistreatment Claims

Hospital negligence may occur when a healthcare provider or institution falls short of the accepted standard of care, thus causing harm to the patient. This can occur through reckless or intentional actions or by simply failing to provide necessary care. From mistakes or oversights when being admitted to delayed treatment and surgical mistakes, negligence can manifest at any point during a hospital stay.

A vital part of proving hospital negligence is finding proof the medical professional deviated from the accepted standard of care. This standard represents the level of skill and treatment typically expected within the medical community for a specific condition. Determining this often requires the use of expert medical testimony, often coming from physicians with specializations in the medical issues the patient was receiving care for. When it is obvious that a medical professional did not maintain the standard level of care, it may form the basis of a medical malpractice claim.

Recognizing signs of negligence and mistreatment in a hospital setting can be challenging, especially due to the vulnerable condition a patient may be in already. Every case is unique, but if you suspect hospital negligence contributed to your or a loved one’s worsening condition, it is crucial to consult with a medical malpractice lawyer. Some key indicators that may suggest potential medical malpractice include:

• Unforeseen complications or adverse reactions that result in injury or death
• Misdiagnosis or delayed diagnosis that postpones treatment unnecessarily
• Medication errors in prescribing, administering, or monitoring, such as wrong dosages, incorrect drugs, or allergic reactions
• Surgical errors, including causing unnecessary harm, leaving foreign objects in the patient, or operating on the wrong part of the body
• Lack of communication between healthcare providers or between providers and their patents
• Poor hygiene and sanitation
• Staffing shortages

Overview of Medical Malpractice Lawsuits

Medical malpractice and hospital negligence happen with alarming regularity. The National Practitioner Data Bank indicates an average of 2,569 medical malpractice payments and adverse actions were reported annually between 2013 and 2023 in Pennsylvania alone.

Medical error lawsuits seek to compensate patients for medical expenses, lost wages, pain and suffering, and other damages by holding liable parties accountable for their actions. The legal process can be long and complicated, involving pleadings, discovery, depositions, and potentially a trial. Our medical malpractice lawyers will be there every step of the way to advise you and manage your case.

Once a patient decides to pursue a medical malpractice claim, they have to start the legal process, working with an attorney to file a complaint outlining allegations of hospital negligence. The healthcare provider then will have a chance to respond, either denying or admitting the claims. After this, the discovery phase allows both the plaintiff and the defendant to exchange information, depositions (sworn testimony), and interrogatories (written questions). During this time, you will have a chance to compile the strongest evidence possible for your case.

Documentation and Evidence Gathering Are Critical in a Hospital Negligence Case

Our medical malpractice lawyers will help you gather meticulous documentation for use as evidence in your claim. When faced with suspected hospital negligence, it is crucial to gather and save all relevant evidence as quickly as possible. Common types of evidence include:

• Medical records such as admission forms, treatment plans, test results, medication records, and discharge summaries
• Photographs showing visual documentation of injuries, wounds, medical equipment, or areas with poor sanitation
• Witness testimony from family members, friends, and other patients who observed the negligence and can corroborate your claims
• Financial records such as medical bills, lost wages, and other financial statements showing the burdens that were caused by this negligence
• Expert testimony from medical professionals in a similar field provides crucial insights into the expected standard of care and whether it was breached.

Such documentation can be vital to establishing your claim or in filing a successful medical malpractice lawsuit. The sooner you get started working with an attorney on your case, the better chance you have at preserving evidence before it is lost or destroyed. Under Pennsylvania Legislature Section § 5524, the statute of limitations on medical malpractice cases is two years, with some exceptions. This means you have two years since you were injured or discovered your injuries to file your claim.

Trials and Settlements in Hospital Negligence Cases

Attorneys may file pre-trial motions before the trial begins. These motions can request a case be dismissed, seek a summary judgment without a trial, or exclude certain evidence. If the case goes to trial, a judge or jury will hear the evidence presented by both sides and then determine the outcome. If the healthcare provider is found liable for malpractice, the court then determines damages and awards them to the patient.

Many medical malpractice lawsuits never even go to trial, as hospitals and medical professionals may wish to avoid publicity and litigation costs or assess the risk of a guilty verdict. Parties may resolve cases through a negotiated settlement that avoids the need for a court decision, but it is vital to consider the implications of agreeing to a settlement.

While it may offer a quicker resolution, the injured party gives up their rights for a higher financial award. Whether working towards a settlement or filing a medical malpractice lawsuit, consulting with an attorney will help you better grasp the potential value of your claim.

Calculating the Value of Your Philadelphia Hospital Negligence Case

Determining the comprehensive value of your Philadelphia hospital negligence case involves a variety of factors. The damages you may claim could differ depending on whether you are settling out of court or awaiting a trial verdict. However, common economic and non-economic damages could include the following:

• Medical and hospital bills
• Lost wages
• Cost of future care
• Pain and suffering
• Permanent disabilities
• Loss of life expectancy
• Loss of reputation
• Disfigurement and scarring
• Emotional and psychological trauma

Be sure to consult with an experienced medical malpractice attorney who can assess your case, gather evidence and documentation, and calculate a potential claim value. Every case is unique. Choosing to work with Lopez McHugh LLP ensures that you are provided with tailored guidance for your case based on our 50 years of combined legal experience in the Philadelphia area.

Why You Should Choose Our Medical Malpractice Attorneys

Navigating the complex legal landscape of medical malpractice and hospital negligence issues can be overwhelming to handle alone. Working with one of the experienced medical malpractice attorneys from Lopez McHugh LLP can provide peace of mind that our attorneys will make every effort to secure success. Our attorneys are caring advocates for injured patients and their families and aggressively hold negligent medical practitioners accountable for their actions.

At Lopez McHugh LLP, we are committed to fighting for you and seeking the justice you deserve. If you or a loved one has suffered harm due to hospital negligence or mistreatment in Philadelphia, contact our medical malpractice attorneys today for a free consultation. Let us help you explore your legal options for your case and discuss how our experienced attorneys can help you protect your rights.