Knowing when you can and can’t sue a hospital for your damages is a challenging thing. Often times, many who experience injuries as a result of medical malpractice find it incredibly difficult to not only deal with the physical trauma but the economic damages as well. This is not to mention the challenges that come with attempting to file a lawsuit to sue the hospital, or hospital doctor for the damages suffered. Hospitals and medical professionals owe their patients a standard of care to ensure that they receive the most reasonably skilled treatment possible. When this standard of care is breached, the patient has every right to file a lawsuit against the hospital. However, it is incredibly important to seek proper legal assistance before going to court. At Normandie Law Firm, our accomplished attorneys with experience in medical malpractice cases can guide you through the often complex process of filing a lawsuit and making a claim for compensation. If you have any questions after this article, please feel free to contact our law offices for a free consultation from one of our top attorneys with experience handling medical malpractice claims.
Can You Sue The Hospital For Misdiagnosis?
A misdiagnosis is defined as any incorrect diagnosis of an illness or other condition. Clients curious as to whether or not you can sue a hospital for a misdiagnosis, the answer is yes, you can sue the hospital for a misdiagnosis. A misdiagnosis can occur anywhere, whether it is by the nurse at a street corner clinic or your primary care physician. A misdiagnosis can involve the following:
- A failure to properly screen for a particular medical condition
- A failure to refer a patient to a specialist
- The misinterpretation of lab test results
- A failure to properly consult with the patient as to his or her symptoms
- A failure to properly follow up on a patient and investigate potential causes of symptoms that are reported
Medical professionals are expected to be able to properly diagnose a condition, if a patient is diagnosed incorrectly as a result of the negligence, the patient has every right to file a lawsuit against the hospital for the misdiagnosis. A misdiagnosis can come in a wide variety of forms, some of which are listed below:
- Wrong Diagnosis
- Missed Diagnosis
- Delayed Diagnosis
- Failure To Recognize Complications
- Failure To Diagnose A Related Disease
- Failure To Diagnose An Unrelated Disease
Can You Sue The Hospital For A Slip and Fall Accident?
Hospitals are expected to not only provide their patients with the proper care needed but they are also expected to ensure that the premises are safe as well. When this level of safety is disregarded, there is an increased risk for things like slip and fall accidents. Slip and fall accidents can cause incredibly damaging injuries that can result in lifelong debilitating conditions. Listed below are some of the common injuries that can be sustained from a slip and fall accident:
- Head Injuries: Head injuries can range from minor contusions to severe Traumatic Brain Injuries or TBIs that can cause recurrent seizures, mood changes, and cognitive impairment. TBIs tend to afflict young children and older adults most commonly.
- Hip Fractures: Fractures of the hip can be both physically and financially devastating to an individual. Some hip fractures can be minor, and may just require a treatment of rest. However, others may require a surgical procedure to implant an artificial hip in place for the fractured one. According to the CDC, more than 95% of all broken hip injuries are as the result of a fall, and one in five hip fracture patients die within a year of their injuries.
- Back and Spinal Cord Injuries: Back and spinal cord injuries in more severe cases can lead to temporary paralysis, permanent paralysis, or other neurologic and sensory impairments. These injuries are more likely to occur in adults aged 65 and older
- Shoulder Injuries: Shoulder injuries can include minor dislocations or more severe brachial plexus injuries. The brachial plexus is a network of nerves connecting the spinal cord to the shoulder, arm, and hand. Brachial plexus injuries are often treated with surgery and are followed up by physical therapy to rehabilitate the patient.
- Sprains and Fractures: The impact from a fall can inflict serious tension on the connective ligaments and joints within the knee and ankle. In some cases, falls can break bones. Older adults are more susceptible to this kind of injury as bones typically become weaker with age. The most common form of fracture is the hip, spine, forearm, leg, ankle, pelvis, upper arm, and hand.
While this does not typically fit into a medical malpractice lawsuit, victims of slip and fall accidents can file a personal injury lawsuit against the hospital for neglecting to fix or warn visitors of the hazardous environment. An expert attorney who has experience in medical malpractice cases can help you start hte legal process.
Can You Sue The Hospital For Medication Error?
Medication errors can be incredibly devastating to the victims who have to endure them. A medication error is defined as any preventable event that leads to the inappropriate use or patient harm while the medication is being consumed. Medication errors can cause adverse allergic reactions, and lead to damaging side effects that can even cause death in more serious scenarios. Every medical professional is expected to properly evaluate the medical records of their patients, as well as to administer the proper medication. If this expectation is failed as a result of the neglect or misconduct of said professional then the victim can file a lawsuit against them. For instance, if a patient has an adverse reaction to anesthesia, and in their medical records it is found that they were allergic to the specific anesthesia drug, the victim can file a lawsuit to sue the anesthesiologist. The same goes for all other medical professionals as well. Regardless of the field, all physicians are expected to do the proper research and evaluations in order to ensure that the medications they are prescribing aren’t harmful to their patients. Whenever this expectation is failed, the victim can file a lawsuit against the physician for the ensuing damages. Contact a qualified attorney with expertise in medical malpractice injury lawsuits.
Can I Sue A Hospital If The Doctor Did Not Diagnose My Illness Properly Or Gave Me The Wrong Diagnosis?
Much like a misdiagnosis, a doctor can be sued if they failed to diagnose your illness properly or gave you the wrong diagnosis. However, a lawsuit can only be filed if they were proven to have acted negligently while performing your diagnosis. In most cases, this involves presenting your case before a panel of other medical professionals in order to prove the validity of your case. However, in almost all cases that involve medical malpractice, the victim must be able to prove that the healthcare professional acted negligently. Listed below are some of the key component of any claim of negligence:
- The existence of a doctor-patient relationship: Patients who think they have experienced medical malpractice in the emergency room must be able to prove that there was a physician-patient relationship. This relationship essential means that there was an agreement wherein the patient agreed to be treated, and the physician agreed to treat said patient.
- The physician’s negligence: The patient must be able to prove that the doctor or physician’s negligence caused the damages endured. The physician’s care is not expected to be perfect; however, it must at least be reasonably skillful and careful. Almost all states across the U.S require that the patient present a medical expert in court as to discuss what the appropriate medical standard of care should have been, and how the defendant breached that standard
- The physician’s negligence caused the injury: The patient must be able to show that it is ‘more likely than not’ that the physician’s specific actions directly caused the injury the patient is suffering from. In order to do this, a patient must retain a medical expert to testify that the physician’s negligence caused the injury
- Injury led to specific damages: The patient must be able to prove that they have suffered from specific damages caused by the injury. Some of these specific damages include: physical pain, mental anguish, medical expenses, lost work, or lost earning capacity
Can You Sue The Hospital For Childbirth Injury?
A birth injury is a kind of injury that occurs during birth that causes a disability or disorder in an otherwise healthy infant. While sometimes childbirth injuries can arise as natural causes, like the umbilical cord being wrapped around the neck, other times they can be caused by negligent physicians. Listed below are some of the most common kinds of birth injuries that can arise as a result of medical malpractice:
- Cerebral Palsy
- Facial Paralysis
- Brain Injuries
- Cephlohematoma
- Caput Succedaneum
These injuries can arise from a variety of causes and can cause injury to both the baby and the mother. These injuries can also result in the death of the mother, the baby or both. These incidents can be incredibly devastating to those who have to suffer through them. When they occur as a result of the medical malpractice of a doctor, nurse, or other physician a damaging lawsuit can be filed against them. An experienced attorney can give you more information. Listed below are some of the common causes of childbirth injuries as a result of human error:
- Improper manipulation of the baby’s body during delivery
- Medications
- Monitoring Issues
- Human Error
Can You Sue A Hospital For Anesthesia Errors?
Medical mistakes in anesthesia can cause devastating injuries like brain damage, nerve damage, paralysis, blindness and even death. There are three common types of anesthesia, and they are as follows:
- Local anesthesia: This form of anesthesia is used to numb a small portion of the body, like the tooth
- Regional anesthesia: Regional anesthesia is used to numb a larger section of the body, one common use is spinal anesthesia
- General anesthesia: Causes unconsciousness and a lack of sensation
Much like situations involving medication, it is up to a doctor to administer the correct amount anesthesia on a patient. If the doctor neglects to administer the correct dosage or prescription, then the victim or the victim’s loved ones have every right to sue the anesthesiologist for the damages that they have suffered.
About Normandie Law Firm
If you or a loved one has experienced wrongful death as a result of the negligence of a hospital or hospital staff, you may be entitled to collect significant monetary compensation for your injuries. Clients who file with our top-rated Los Angeles law firm could find some of the following damages compensable:
- Past & Future Medical Expenses
- Loss of Wages
- Loss of Potential Wages
- Emotional Distress (anxiety, depression, PTSD…)
- Pain and Suffering
- Punitive Damages
At Normandie Law Firm, our experienced lawyers can guide you through the often arduous process of filing a lawsuit against the hospital responsible for your damages. While our attorneys are based out of Los Angeles, we also practice in San Jose, Oakland, San Francisco, Sacramento, Fresno, San Diego, Orange County, Stockton, Bakersfield, and throughout the entire state of California.
FREE CONSULTATION: As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Call now for a free consultation by a lawyer experienced in medical malpractice cases, and we can discuss the incident, the damages, the aftermath, and the best path towards earning you the compensation that you deserve.
