Jocelyn Mackie is a former civil litigator with content published on Findlaw, LifeHacker, and Marketwatch. She became a legal content writer to demystify the law and support informed decision-making by consumers. Jocelyn graduated from Lewis and Clar.
Jocelyn Mackie, J.D. ContributorJocelyn Mackie is a former civil litigator with content published on Findlaw, LifeHacker, and Marketwatch. She became a legal content writer to demystify the law and support informed decision-making by consumers. Jocelyn graduated from Lewis and Clar.
Written By Jocelyn Mackie, J.D. ContributorJocelyn Mackie is a former civil litigator with content published on Findlaw, LifeHacker, and Marketwatch. She became a legal content writer to demystify the law and support informed decision-making by consumers. Jocelyn graduated from Lewis and Clar.
Jocelyn Mackie, J.D. ContributorJocelyn Mackie is a former civil litigator with content published on Findlaw, LifeHacker, and Marketwatch. She became a legal content writer to demystify the law and support informed decision-making by consumers. Jocelyn graduated from Lewis and Clar.
ContributorAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Updated: Jan 17, 2023, 1:45pm
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A hospital stay is stressful enough without having to worry about whether you’ll receive the correct treatment. Unfortunately, 21% of American patients report errors in their medical treatment, including hospital care. According to a Johns Hopkins study, medical errors are the third leading cause of death in the U.S.
If you or a loved one have been harmed by a medical error, you likely wonder how to sue a hospital—or if that’s possible. Generally, you can sue a hospital, but it often depends on who made the error: an independent contractor or a hospital employee.
The most common reason to sue a hospital is due to medical malpractice. In this situation you must show that the health care worker did not act as a reasonably skilled provider with the same level of experience would have in that situation, causing harm. The most common reasons for this cause of action are:
In addition to medical malpractice, hospitals may also face lawsuits for other reasons. Examples of these incidents include:
Depending on your case, you will pursue damages against the hospital, medical professional or both. Parties to a suit vary with each fact scenario and hospital management style.
Medical malpractice is a cause of action arising from a negligent act or omission from a healthcare provider. The act or omission must deviate from professional standards to meet the burden of proof.
Hospitals could face a medical malpractice claim if the healthcare provider who caused the malpractice was an employee of the hospital. If so, the hospital may be legally responsible for errors or omissions made by that individual. This legal theory is known as respondeat superior.
But if the hospital’s liability lies in administration practices(negligent hiring, discrimination, lost paperwork, etc.), it isn’t liable for medical malpractice. The legal claim for those errors is negligence, which holds the hospital to a standard duty of care rather than a professional one.
In the end, these lawsuits may take many forms. For example, if the doctor who made the error was an independent contractor, the suit may plead negligent hiring claims against the hospital and medical malpractice against the doctor. Or if the doctor was an employee at the hospital, the complaint may only allege medical malpractice against the hospital. It all depends on the relationship between the physician and the hospital.
Most surgeons, ER physicians, hospitalists and other medical professionals in a hospital setting are independent contractors. They are not employees of the hospital but of a clinic or organization that assigns them to hospitals.
So, even if you experienced medical errors while at the hospital, it doesn’t mean you can successfully sue the hospital. If the treatment provider was an independent contractor, the trial judge would likely remove the hospital as a party.
But it is not cut and dry. There are circumstances where a hospital can face liability even when the treatment provider is an independent contractor. These include:
Of course, determining who was negligent in these cases depends on what happened–meaning, what evidence you can find to support your claim.
You need proof before pursuing medical malpractice or negligence claims. Just because treatment ended in a bad outcome doesn’t necessarily mean a doctor or hospital committed malpractice.
As mentioned, hospitals can be liable for medical malpractice or negligence if their employees (or those appearing as employees) make a medical or administrative error. A plaintiff must prove:
Damages refer to the monetary amount you win in a settlement or lawsuit. They are a culmination of economic and non-economic costs arising from your injury.
Economic damages are easily documented. They include expenses incurred from the medical error, including additional treatment costs and lost wages. If the error caused permanent disability, these damages might include future medical expenses, reduced earning capacity and costs associated with needed services or modifications for your home.
Non-economic damages are subjective. They place a monetary value on your personal experience and struggles. You may see these damages described as pain and suffering.
So, determining damages depends on your actual costs plus the hardship arising from the medical error. Evidence proving these damages may include:
As discussed above, the doctor-hospital relationship is often complex. But before getting into that evidence, you must determine who was responsible for your injury or illness. Possibilities may include:
Once you figure out who is responsible, you need records of where these individuals fell short. Usually, that’s accomplished with the following:
If you find a doctor responsible and want to also hold the hospital responsible, you need to show there was an employer-employee relationship–or there appeared to be one. You can do this by finding the following:
When it isn’t clear who is at fault, the lawsuit can name several individuals and the hospital. Removing parties from the lawsuit is easier than adding one later.
Medical expert testimony proves crucial whether you file a medical malpractice or negligence claim against a hospital.
For medical malpractice claims, it isn’t enough to be unhappy with the treatment you received at a hospital. Instead, you must show that:
The problem with medical standards is they vary between specialties. What is considered reasonable skills and knowledge in one area may not pass muster in another. For example, lab tests for diagnosing cancer are not generally standard in emergency medicine. Medical experts can explain the standards of care in their specialty and why the medical treatment you received did not meet them.
Negligence claims may also require expert testimony. For example, if you contracted sepsis during a hospital visit, an expert can explain how the hospital didn’t sanitize the surgery theater or your room correctly. Experts can also explain why staff behavior was discriminatory or how the hospital’s record management system failed to meet standards.
Your state may have special procedural rules you must follow before you can file a medical malpractice claim. These requirements can include the following:
In addition, many states require you to file an affidavit of merit, in which a medical expert states you have a valid claim, along with your petition or complaint. You must also file any lawsuit before the statute of limitations expires. These laws are deadlines for lawsuits, and they vary between states. Depending on the state law, the statute of limitations starts counting down either from the date you sustained the injury (the day of treatment) or the date you discovered it.
Hospital negligence cases involve a range of errors and mismanagement. Here are examples of recent cases.
In New York City, Columbia University Irving Medical Center and New York Presbyterian Hospital paid $71.5 million to 79 patients who reported sexual abuse by a gynecologist and a second payment of $165 million to another 147 patients.
The gynecologist, Robert Hadden, sent nurses and medical assistants out of exam rooms so that he could prey upon women in his care. In 2016 in New York State, he pleaded guilty to a criminal sex act and forcible touching Now, he awaits trial on federal sexual abuse allegations from 1993 to 2012.
Ten-year-old Faith DeGrand reported to the Children’s Hospital of Detroit Medical Center for scoliosis surgery in 2010. The surgeon compressed her spine by inserting rods and screws incorrectly. She noticed numbness in her extremities, but the surgeon did not remove the hardware for 10 days.
A 2018 trial awarded her $135 million in damages, payable by Detroit Medical Center. At trial, she reported paralysis and a permanent loss of bladder and bowel control.
Sepsis accounts for 20% of hospital deaths. The infection leads to tissue damage and organ failure, which can eventually kill an individual. Children and the elderly are the most vulnerable to this infection. Sepsis occurs when hospitals don’t practice good hygiene. Hospitals should train staff to wash their hands frequently, cover cuts and wounds and recognize the early signs of sepsis.
Unfortunately, yes. High malpractice premiums and medical culture encourage doctors to avoid admitting mistakes. A study revealed more than 70% of physicians would offer little or no apology, explanation or information if they made a mistake.
It depends on the circumstances. If triage deemed your case less severe than others, then, no, you don’t have a cause of action. But if triage underestimated your condition or the long wait worsened it, you may have a claim for negligence or substandard care. A hospital could face liability if the mistakes were due to poor triage procedures.