Hospital lawsuits are generally personal injury lawsuits involving injuries caused by a hospital to a patient. They are usually based on hospital negligence, although these types of lawsuits can involve many other types of legal claims and theories.
Hospital lawsuits typically involve some sort of medical malpractice committed by a physician or by the staff employed by the hospital that the it is liable for under the corporate negligence doctrine. Or, they can also involve hospital-wide policies that fall below state medical standards. Sometimes, hospital lawsuits can affect a large number of patients, resulting in a class action lawsuit.
What are Some Examples of Hospital Lawsuits?
Besides hospital negligence, a lawsuit can be filed against a hospital for various reasons. These can include:
- Emergency room malpractice
- Improperly refusing to admit or treat a patient
- Violating patient privacy rights (such as releasing medical records without the patient’s authorization)
- Various types of hospital errors
- A broad range of insurance-related disputes
Thus, hospital lawsuits can sometimes involve other areas of laws, such as insurance laws, contract laws, and vicarious liability issues. Also, each state may have widely different laws governing hospital lawsuits and medical malpractice.
What are Some Legal Remedies Involved in a Hospital Lawsuit?
Hospital lawsuits that are based on the negligent actions of an employee will typically result in a monetary damages award. This will offset the financial losses of the plaintiff which were caused by their injury. Damages may cover the hospital bills, medical therapy and pharmaceutical costs, and insurance fees. They can also sometimes cover related losses such as lost wages if the injury caused the victim to lose their job.
In serious cases, the hospital may be required to revise their standards for practice and for operating their medical practice. Class action lawsuits may initiate an investigation into the overall standards for safety that are exercised by the organization. Also, a product recall may result if the hospital lawsuit involved defective drugs and medical devices.
Do I Need a Lawyer for Help With a Hospital Lawsuit?
It is highly advisable that you hire a lawyer if you need help filing a hospital lawsuit. These types of legal proceedings can be very complex, and often require the expert guidance of a legal professional. A qualified personal injury lawyer can help you gather the required documents and evidence needed when filing a hospital lawsuit. Also, your attorney can advise you of your legal options when it comes to damages awards and other types of remedies.