Hospital Malpractice – Can you get justice?
Hospitals are places where individuals seek healing, recovery, and relief from their ailments. Patients place an immense amount of trust in healthcare providers, expecting a certain level of care and safety. Unfortunately, hospital malpractice can occur and shatter that trust, leaving patients in a state of physical and emotional distress.
If you or a loved one has suffered due to hospital malpractice, you may be entitled to compensation. Hospital malpractice cases can be complex and daunting, requiring experienced legal counsel. With Joudeh & Kuller, trust that your case is in capable hands. We work tirelessly to ensure victims of hospital malpractice are able to obtain justice and the compensation they need and deserve.
New York Law on Hospital Malpractice
Hospital malpractice, also known as medical negligence, occurs when a healthcare provider or hospital fails to meet the standard of care expected in the medical profession. It can encompass a wide range of actions or inactions, including misdiagnosis, surgical errors, medication mistakes, infections acquired during hospital stays, and much more.
When Can You Hold a Hospital Liable for Medical Negligence?
Holding a hospital liable for medical negligence can be complex, but it is possible under certain circumstances. To do so, you generally must demonstrate:
- Duty of Care: The hospital owed you a duty of care, meaning they were responsible for your medical treatment and safety.
- Breach of Standard Care: The hospital or its staff failed to provide a reasonable standard of care, which can be proven by comparing their actions to those of a competent healthcare provider in similar circumstances.
- Causation: You must prove that the hospital’s breach of care directly caused your injuries or worsened your medical condition.
- Damages: You suffered physical, emotional, or financial damages as a result of the hospital’s negligence.
Proving Negligence: What’s Required?
Proving negligence in a hospital malpractice case often involves gathering extensive evidence. This may include medical records, expert witness testimonies, and other relevant documentation. It’s crucial to show that the hospital’s actions or inactions deviated from the accepted standard of care and that this deviation led to your injuries.
Evidence could also include:
- Assessment of Future Treatment Costs: This involves evaluations by appointed medical experts to estimate your anticipated medical expenses.
- Verification of Lost Income: To substantiate your claim, documentation related to the income you’ve lost during your recovery is needed. This might include pay stubs or an official statement from your employer.
- Documentation of Pain and Suffering: Evidence in the form of testimonies or medical records to support claims of pain and suffering, as well as other non-economic damages you may have incurred.
Examples of Hospital Malpractice Cases
Hospital malpractice can take many forms, including:
- Surgical Errors: Such as wrong-site surgeries or leaving surgical instruments inside a patient.
- Medication Mistakes: Administering the wrong medication, incorrect dosage, or failing to account for allergies or drug interactions.
- Misdiagnosis: Failing to diagnose a medical condition, resulting in delayed treatment.
- Infections: Patients contracting infections while in the hospital due to poor hygiene or sterilization practices.
- Discharge Errors: Releasing a patient prematurely or without appropriate follow-up care.
Process of Suing a Hospital for Negligence
Bringing a medical malpractice lawsuit typically involves a series of crucial steps:
- Gather Evidence: To establish the hospital’s liability for your injuries, it’s essential to collect compelling evidence. This may involve obtaining expert medical testimony regarding the care you received
- Assess Damages: Calculating the value of your damages, which can include medical expenses, lost income, pain and suffering, and more, is a critical aspect of your case.
- File Your Lawsuit: Meeting the legal deadlines for filing your lawsuit is essential. Our dedicated medical malpractice attorneys at Joudeh & Kuller can guide you through this process, ensuring all necessary steps are taken.
Our experienced legal team can manage these complex tasks on your behalf, making the process more manageable. Whether through negotiation or litigation, we are committed to pursuing the compensation you rightfully deserve.
The Statute of Limitations for New York Medical Negligence Cases
In New York, there is a statute of limitations for filing medical negligence claims. Generally, you have two and a half years from the date of the alleged malpractice to file a lawsuit. However, this time frame can be shorter or longer depending on the specific circumstances, making it essential to consult with an attorney as soon as possible.
Why You Need a Medical Malpractice Lawyer
Hospital malpractice cases can be legally intricate and vigorously defended by healthcare institutions. Having an experienced medical malpractice lawyer on your side is crucial. They can help you navigate the legal process, build a strong case, negotiate with insurers, and ensure your rights are protected.
At Joudeh & Kuller, we understand the pain and suffering hospital malpractice can cause. Our team of personal injury lawyers is dedicated to helping you seek the compensation and justice you deserve. If you believe you have a hospital malpractice case, contact us today for a free consultation.