Hospital Be Sued For Malpractice
When can the hospital be sued for malpractice? The answer depends on the state where you live, and also on the professional reputation of the doctor who is being sued. There are three different rules that apply to medical professionals who may be sued. First, the plaintiff must have established the likelihood of future harm from the negligence of the action. Second, the plaintiff must have suffered some actual financial loss as a result of the physician’s negligence, and thirdly, the plaintiff must show actual pain and suffering as a result of the doctor’s malpractice.
YouTube video explains medical malpractice in hospitals
In most cases, if the plaintiff has established the likelihood of future harm from the negligent actions of the medical professional, then it is possible that a malpractice lawsuit can be brought. In order for the plaintiff to establish such a link, however, he or she must be able to tie the medical malpractice to some sort of conduct by the physician. For example, if the doctor was found to be neglecting to treat a wound with sufficient antibiotics, or if the patient was given too little bed rest, there may be a case. Likewise, if the plaintiff was injected with contaminated blood or fluid, there may be a case. If the plaintiff simply feels that the level of care given to him or her was substandard, or that the doctor did not take reasonable precautions for emergency care, then a malpractice case can be brought.
A typical example of when can the hospital be sued for malpractice would involve a doctor killing an infant by delivering him into the wrong incubator. Such a tragedy would result in significant costs to the medical institution, both financially and in terms of medical attention for the infant. In addition, the emotional trauma to the surviving family members would make the situation even worse. Such a situation may lead to a malpractice lawsuit, especially if it is discovered that the doctor could have done something different to prevent this from happening. The courts look at what measures the hospital took to protect the fetus, such as how many cots it had available, and whether or not it had staff on duty that could have handled the situation if it arose. Such cases are usually very difficult to prove, which makes the cost of malpractice suits quite high.
Another situation in which it may be acceptable for the hospital to be sued for medical malpractice is when it is found that an infant has been left in a hot car. Most courts will consider that the best interests of the child would be harmed by leaving an infant in a hot car, regardless of whether or not the infant suffered any physical harm in the process. There are often times, especially in the summer months, when it is inappropriate to leave infants in cars on hot days. However, there are courts that will look at the temperature of the car and determine if it would have caused damage to the child.
When Can the Hospital Be Sued For Malpractice?
A final example of when can the hospital be sued for medical malpractice would be when it is found that a surgeon performed an operation that did not go according to the plans. Even if it was an minor mistake, the court could force the doctor to pay for the mistake. In many instances, it is also possible for a malpractice lawsuit to be brought against a general practitioner who did not follow the plans that were outlined by a patient’s surgeon. It may seem strange that a person would need to sue the medical professional that he or she saw perform a medical procedure, but it is a common occurrence. When can the hospital be sued for malpractice?
The answer to the question when can the hospital be sued for malpractice is most likely never. However, it is always a good idea to take all medical malpractice cases to the jury trial stage so that the facts and circumstances of each case are known and discussed in front of a judge and jury. Malpractice is a very serious issue that deserves detailed attention from all parties involved. When can the hospital be sued for medical malpractice?
