Hospital negligence

Medical Negligence In Hospitals: When Healthcare Providers Fail Their Patients

May 20, 2025 by James McHugh, Jr.
medical negligence

When you’re sick or hurt, you trust hospitals and doctors to help—not harm you. But what happens when that trust is broken? Medical negligence occurs when healthcare providers fail to meet basic care standards, causing preventable harm.

In this blog, you’ll learn:

  • How to spot medical negligence (and real-life examples).
  • Why medical errors are a leading cause of death in the U.S.
  • The challenges of proving negligence in court.
  • Common mistakes that lead to lawsuits (like surgery errors or misdiagnosis).
  • Your rights to compensation in Pennsylvania.

Let’s get started.

What Counts as Medical Negligence?

Healthcare providers have a big responsibility to keep patients safe. When people are sick or hurt, they trust doctors and hospitals to help them—not make things worse.

All healthcare providers, including hospitals, must follow basic care standards. If they fail to meet these standards and a patient gets hurt, it’s called medical negligence.

Doctors and nurses must follow rules set by the government and medical groups. To prove negligence, experts compare the care a patient received to what most providers would do in the same situation.

Example: A patient complains of back pain, but the doctor doesn’t order an MRI scan. If most doctors would order that scan, and the patient later gets worse because of the delay, that could be negligence.

Medical Errors Are a Major Issue

Medical mistakes are the third leading cause of death in the U.S. Studies show:

  • About 400,000 hospital patients suffer preventable harm yearly.
  • Over 200,000 patients die each year due to medical errors.

In Pennsylvania (2023):

  • 1,485 medical malpractice cases were filed.
  • 54% were in Philadelphia and Allegheny Counties.
  • Only 107 cases went to trial, and doctors won 77% of them.
  • Most settlements were between $1 million and $5 million.

Why Is It Hard to Prove Medical Negligence?

Doctors don’t have to be perfect—just follow standard care. If other doctors might have made the same choice, it’s not negligence. Patients must also prove the mistake directly caused their injury.

Key Facts:

  • 1 in 3 doctors will face a lawsuit in their career.
  • Doctors win 80-90% of cases with weak evidence.
  • Even with strong evidence, doctors win 50% of trials.
  • Over 90% of cases settle out of court.

Common Medical Errors Leading to Lawsuits

Certain types of medical care are associated with a higher risk for error.

Some mistakes are more likely to cause harm:

  1. Surgery Errors: Wrong-site surgery or leaving tools inside a patient.
  2. Misdiagnosis: Missing a condition (causes 40,000–80,000 deaths yearly).
  3. Medication Mistakes: Wrong dose or drug.
  4. Faulty Equipment: Broken devices or design flaws.
  5. Infections: Poor hygiene causing hospital-acquired infections (HAIs).
  6. Patient Falls: 1 million falls yearly in hospitals, leading to 11,000 deaths.
  7. Poor Communication: Confusion between staff or with patients.

Who Is Responsible for Medical Negligence?

Hospitals are required to meet quality and performance standards. Hospitals may be directly liable to patients for negligence and may also be vicariously liable for the actions or omissions of their employees.

Hospitals can be blamed for:

  • Their own mistakes (e.g., unclean facilities).
  • Mistakes by employees (nurses, doctors).

Equipment makers or repair companies may also be liable if a device fails and patients are harmed.

Compensation for Victims in Pennsylvania

Patients who prove negligence can get:

  • Economic Damages: For medical bills, lost wages.
  • Non-Economic Damages: For pain, suffering, or life changes.

Unlike other states, Pennsylvania has no limit on these payments. If a healthcare provider acted recklessly, punitive damages (to punish them) may also apply, up to twice the compensation amount.

Who Pays for Malpractice Claims?

The payments for most medical malpractice claims come from two sources.

  1. Doctors’ Insurance: Must cover $500,000 per case.
  2. State Fund (MCARE): Adds another $500,000 per case.
    Total: Up to $1 million per error.

Getting Help with a Medical Malpractice Case

Proving negligence is tough. Lopez McHugh LLP’s lawyers have 50+ years of experience fighting for patients. They offer free consultations to review your case.

If you or a loved one was harmed by medical negligence, contact Lopez McHugh LLP to discuss your rights.

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