When you enter the hospital, you have the right to expect clean and safe premises, qualified personnel, and high standards of care. Unfortunately, many hospitals fail to meet their obligations, and patients suffer.
If you believe you were harmed by poor care in a hospital, you could file a legal claim for compensation. The hospital might be liable for your medical expenses, lost wages, and your pain and suffering. A Tampa hospital negligence lawyer at Perenich Law Injury Attorneys could review your case and explain your legal options.
Hospital negligence cases are often complex, and a successful outcome requires resources and experience. The attorneys at our firm—three brothers helping others—are devoted to ensuring you and your family members receive the skilled representation and personal attention that leads to a favorable verdict or settlement.
Can I Sue a Hospital for Negligence?
Suppose someone gets hurt in an auto accident caused by another driver or is injured by an unreasonably dangerous condition on someone else’s property. In that case, they can typically pursue civil compensation from anyone they can prove at fault for the injury in question based on “negligence.” In a nutshell, someone is negligent under normal circumstances if they:
- Do something reckless or careless that violates a “duty of care” they had to act responsibly in a specific way and
- That “breach of duty” is the direct and primary cause of an otherwise avoidable injury
“Negligence” in the context of hospital injuries and medical misconduct in general works somewhat similarly, but with one very important difference: rather than a “duty of care,” healthcare professionals are subject to a “standard of care.” While a duty of care applies more or less equally to everyone, no matter who they are or what they do for a living, standards of care for physicians are based specifically on what another equally qualified and experienced physician would have done in the same situation.
Importantly, this means that doctors are not automatically liable for a negative outcome or even a serious injury experienced by a patient if the harm in question stemmed from a mistake that any equally qualified doctor could have made under the circumstances. For example, a misdiagnosis made by a doctor working in a packed emergency room and dealing with multiple patients at once. Meeting this higher standard is one of many things a seasoned Tampa hospital malpractice lawyer could help with over the course of a malpractice claim.
Examples of Hospital Negligence
A hospital must be a safe place where patients receive quality care. If it fails in any aspect of its obligations, a patient who suffered illness or injury due to the hospital’s error could sue the hospital for negligence. The patient must show that, in some respect, the hospital failed to uphold the standards of other similar facilities in the area and that their injury or illness is directly related to the failure to meet a reasonable standard of care.
A hospital could fail to meet an appropriate standard of care in many ways, from employing unqualified personnel to failing to maintain proper cleanliness to deferring maintenance on medical equipment. In addition, the hospital often bears at least partial responsibility when medical personnel make errors that result in harm to a patient. A proactive Tampa hospital negligence attorney could pursue damages on behalf of patients who experienced:
- Surgical errors
- Medication errors
- Improper discharge
- Hospital-acquired infections
- Misdiagnosis or failure to diagnose
- Improper anesthesia administration
- Falls from bed or in restrooms or showers
When a doctor, nurse, or other licensed healthcare provider is a hospital employee, the hospital is responsible for their acts of malpractice. Some medical professionals are independent contractors, and the hospital where they provide services is not necessarily responsible for their poor care. In such cases, a skilled legal professional could often hold the hospital responsible based on negligent supervision, failure to maintain safe premises, or another theory of liability.
Understanding a Hospital’s Liability for a Patient’s Damages
When a hospital’s inadequate care leads to a patient’s illness or injury, the hospital could be liable for the patient’s damages. A dedicated hospital malpractice lawyer in Tampa could consult with the patient, their family, and experts as needed to reach a reasonable estimate of a patient’s losses.
A negligent hospital must reimburse the patient’s expenses, which is often called economic damages. A patient’s economic damages might include medical costs related to the injury or illness the hospital caused, lost income, and incidental expenses. The hospital is also responsible for compensating the patient for their non-economic losses, which might include:
- Disability
- Physical pain
- Emotional trauma
- Lost enjoyment of life
- Scarring or disfigurement
When the patient’s injury deprives the family of their companionship and support, family members also might bring a claim against the hospital.
Bringing a Hospital Malpractice Case
Claims alleging medical malpractice are more complex than other personal injury cases. The law requires a pre-suit investigation before filing a lawsuit against a hospital. Our qualified hospital negligence attorneys in Tampa have a wide network of medical experts who could review a patient’s medical records and provide a written opinion about whether a hospital failed to meet an appropriate standard of care and harmed the patient.
If the medical expert believes the hospital was negligent, the claimant’s legal representative must notify the hospital that they plan to bring a lawsuit. The hospital has 90 days to investigate the claim and respond. Sometimes, the hospital’s investigation includes a physical examination of the claimant.
The hospital’s response could be an offer to settle the claim or submit it to arbitration, or a rejection of the claim. The claimant and attorney could discuss the hospital’s response and decide on the most appropriate course under the circumstances.
How a Hospital Negligence Lawyer Could Help
Of course, the most obvious way an experienced legal professional could be helpful during a civil claim built around hospital negligence is by following all the rules and restrictions mentioned above that apply specifically to medical malpractice claims. However, there are other ways in which representation from a skilled lawyer may be key to achieving a good result from a hospital negligence lawsuit in Tampa.
For instance, a dedicated attorney can be a crucial source of support during interactions with adjusters and other people representing insurance companies involved in the case. Hospitals typically have extensive malpractice insurance policies provided by companies that will do everything possible to save themselves money at the expense of injured patients. Those companies have no qualms about pressuring unrepresented plaintiffs into accepting lowball settlement offers or potentially dropping their cases altogether.
Similarly, legal counsel can interact with judges and other court officials on an injured person’s behalf if a case progresses to court. While no lawyer can guarantee a positive result from every claim or promise that a judge will rule in the plaintiff’s favor, court authorities are generally more willing to work with plaintiffs with experienced legal representatives who know the ins and outs of the court system and can negotiate effectively thanks to that knowledge.
Contact a Tampa Attorney to Get Justice for Hospital Negligence
It is important to hold hospitals accountable when they do not perform to reasonable standards, but hospital malpractice cases are complicated. You need an accomplished and experienced attorney to be successful.
Work with a Tampa hospital negligence lawyer from a firm that has been representing patients like you in this community for decades. Schedule a free consultation with Perenich Law Injury Attorneys today.
(727) 669-2828