How To Sue a Hospital for Negligence

Imagine that you’ve suffered an injury or come down with a serious illness and you’re subsequently hospitalized. You expect to receive quality care from qualified medical professionals. Unfortunately, many people have negative experiences in hospitals that result in infections, worsening of their original condition, or even wrongful death. If you suffered an injury or became ill during your hospital stay, this blog post outlines how to sue a hospital for financial compensation.

Lipton Law ensures that the voices of medical malpractice victims are heard. Our seasoned Southfield medical malpractice attorneys can help you pursue legal action. We will give you the tools necessary to fight for your right to just compensation. While you focus on your recovery and well-being, we’ll focus on all the legal heavy lifting. To schedule your free consultation with a hospital negligence lawyer, call our Michigan law office at (248) 557-1688 today.

Can I Sue a Hospital for Medical Negligence?

Yes, you can sue a hospital for negligence. Medical facilities and professionals bear a legal responsibility for patient safety and well-being. Any breach of the medical standard of care can be grounds for a lawsuit. If you received the wrong treatment, if a hospital staffer makes the wrong choice, or if your family member dies in the hospital’s care, you may have the option to pursue a medical malpractice or negligence lawsuit.

Your best option for a medical malpractice claim against a hospital is to work with an experienced medical malpractice lawyer to sue a hospital. You’ll need to gather sufficient evidence in order to prove the hospital’s liability for harm or wrongful death. Most cases will require testimony from medical experts. The Lipton Law team helps clients understand matters of medical malpractice vs medical negligence and which applies to their situation. We also have nurses on staff who advise us in our medical malpractice lawsuits. Their medical professional backgrounds give us the extra edge we need to properly litigate your case.

  

Can You Sue a Hospital for the Actions of Its Employees?

This depends on whether or not the medical professional who caused your injury was an employee of the hospital or an independent contractor. The key in these cases is liability. Hospitals have what is known as “vicarious liability” for their employees. This means that if one of their employees negligently injures a patient, that patient can sue both the negligent employee and the hospital.

But what if the responsible person is only an independent contractor of the hospital? If this is the case, you’ll need to determine whether or not you were informed that the liable party is not an employee of the hospital. If the hospital fails to inform you that your doctor is an independent contractor, you may reasonably believe that they are a hospital employee. When a patient has a reasonable belief that an independent contractor is a hospital employee, the hospital may be held accountable under “apparent agency.”

Apparent agency, also referred to as ostensible agency, means that the hospital has failed to inform you that the medical professional who harmed you is an independent contractor. In other words, the doctor in question is an “apparent agent” or employee of the hospital. When this happens, you can sue for hospital negligence.

However, even if the doctor who treats you is an independent contractor, you can still seek justice for medical negligence. Lipton’s doctor malpractice lawyers in Michigan provide crucial support for those seeking compensation from individual medical professionals.

Can You Sue a Hospital for Emotional Distress?

Having botched medical care that causes you more pain and sickness than it should have can be extremely distressing emotionally. You can, in this case, sue for emotional distress. However, you’ll need to provide enough evidence to prove your distress. One strong piece of evidence could be a diagnosis from a qualified psychiatrist. The following medical diagnoses could greatly strengthen your case.

• PTSD
• Anxiety
• Depression
• “White coat syndrome,” which is a fear of medical professionals (who often wear white coats)

Suing a Hospital for Emotional Distress

Along with the diagnosis, your psychiatrist will need to clearly state that your diagnosis resulted from the medical malpractice you suffered. To ensure this connection is clear, be sure to seek help as soon as possible. Medical records can be a great help in showing the emotional damage you suffered. Seeking a diagnosis for your emotional distress sooner will help connect the distress with your medical malpractice case. An emotional distress lawyer may also assist you in proving that hospital negligence resulted in emotional distress.

Can You Sue a Hospital for Not Treating You Correctly?

Yes, you can file a medical malpractice lawsuit against a hospital for treatment mistakes. If a hospital’s negligence harmed you or led to a worsening of your condition, you may have grounds for a claim. A successful lawsuit requires proving that the hospital’s actions fell below the expected standard of care and directly caused your injuries or illness. What is the medical standard of care in Michigan? Contact the Lipton law firm to learn more.

Is It Difficult to Sue a Hospital?

Proving medical malpractice can be difficult. According to research published by the National Library of Medicine, the likelihood of securing a favorable outcome in court or a pre-trial settlement depends heavily on the strength of evidence presented by the plaintiff’s side. For this reason, it is incredibly important to work with an experienced legal team.

Lipton Law’s medical malpractice lawyers have considerable experience litigating and winning medical malpractice cases on behalf of injured patients. Our team is dedicated to holding hospitals responsible for negligent hiring, diagnostic errors, negligent training, medication mistakes, and much more. By gathering evidence carefully, including medical records, bills, photographs, and other relevant documents, we can build a strong case on your behalf.

Reasons to Sue a Hospital

Hospital negligence involves unfortunate medical errors that should never happen. People go to the hospital for medical care and treatment, and they expect all hospital employees to provide excellent medical care. Unfortunately, this isn’t always the case. There are a number of ways in which doctors, medical technicians, and other medical professionals can engage in medical negligence. We list some of the most common examples below.

• Emergency room errors 
• Prescribing the wrong medication and other medication errors
• Surgical errors
• Mistakes by medical technicians
• Delayed or wrong diagnosis or treatment
• Failure to uphold the standard of care
• Medical negligence by a staff member
• Unsafe discharge from a hospital
• Wrongful death of a family member

How to Sue a Hospital for Negligence

There are certain steps that we recommend you take when you intend to file a medical malpractice lawsuit against a hospital.

• Contact a medical malpractice attorney promptly to navigate the claims process and avoid costly errors.
• Gather evidence of damages, including medical records, expert statements, lost income documentation, and proof of non-economic losses.
• Obtain a comprehensive testimony from a qualified medical expert. The professional should be able to demonstrate substandard care, differing practices among professionals, and the likely link between negligence and your injuries/illness.
• Determine the overall value of your claim with legal assistance, aggregating damages such as medical expenses, lost income, and other relevant losses.
  • Current and future medical expenses
  • Current and future lost wages
  • Loss of earning capacity
  • Emotional and physical pain and suffering
  • Loss of consortium
  • Loss of quality of life
  • Disability, disfigurement, or severe scarring

Why Is Suing a Hospital Different from Other Medical Malpractice Cases?

You might think that suing a hospital is exactly the same as suing a doctor, but these cases are often very unique. A key difference in hospital medical malpractice cases is the matter of proving hospital liability. Hospital staffers could either be directly employed by the hospital or independent contractors. This can greatly impact whether or not you have the right to sue the hospital directly. 

If the hospital is your doctor’s employer, you may be able to sue both the doctor and the hospital. If the doctor is an independent contractor, you may be barred from suing the hospital (if you knew that the doctor was not a hospital employee). However, most of the fight will be against the hospital or doctor’s insurance company.

Insurance companies exist to make a profit, and as a result, they will try their best to avoid payouts. Working with a skilled attorney can help you secure the leverage you need to combat stubborn insurers and get the compensation you deserve.

How Long Does It Take to Sue a Hospital?

The amount of time that any kind of lawsuit takes can vary greatly. Simply processing a medical malpractice claim can take several months to complete. If the case leads to a lawsuit filed in court, it may take anywhere from several months to multiple years before the final decision is reached. Speaking with an attorney can give you a better idea of how long your case might take.

Do Hospitals Usually Settle Out of Court?

Yes, it is common for hospitals and medical professionals to agree to settle out of court. This is partially because litigation is very expensive, and partially because they carry insurance that protects them from medical malpractice lawsuits. However, insurance companies will make you fight for a fair settlement, meaning you’ll need strong evidence.

How Much Do Hospitals Usually Settle For?

In hospital negligence cases, settlements vary greatly depending on the severity of the injuries and the circumstances of the case. Smaller claims may fall into the tens of thousands range. More complex claims involving serious injuries could be worth hundreds of thousands or millions of dollars. Factors affecting the settlement amount can include the extent of harm caused by inadequate medical attention, the cost of ongoing care, and the impact on the patient’s quality of life. 

What Are the Chances of Winning a Hospital Negligence Lawsuit?

This largely depends on the strength of the evidence you have. Many online statistics claim that juries and judges mostly rule in favor of medical professionals. However, Lipton Law has more experience handling these cases than the average attorney. We have what it takes to examine the facts of your case, gather strong evidence on your behalf, and use that evidence to build a strong case for you in court.

We also have nurses on staff at our office, which gives us a significant advantage in court. Our attorneys work closely with these nurses during every medical malpractice case, as this gives us a better understanding of what the appropriate standard of care should have been. If you have been harmed by a negligent medical professional, don’t hesitate to reach out to us. We offer free, no-obligation consultations, and we don’t accept a cent unless we secure a recovery for you.

How Much Can You Sue a Hospital for Negligence?

As we stated previously, most medical malpractice cases settle out of court. Your attorney will play a large role in valuing your case. So, your best bet is to work closely with them. The value of your claim will come from the losses you suffered as a result of the medical negligence. It’s important to understand the list of things you can sue for in a medical malpractice claim. The final award you receive in your case will depend on the following factors.

• Severity of your injuries
• Amount of medical bills
• Circumstances and facts of your case
• Relevant laws of your state
• Parties involved in the case

How Much Does It Cost to Sue a Hospital?

Our attorneys work on a contingency fee basis, meaning that you don’t pay anything unless we secure a recovery on your behalf. If we manage to obtain a recovery, our payment will be a portion of the recovery. This is very common for attorneys who practice personal injury law.

How Long Do You Have to Sue a Hospital for Negligence in Michigan?

Under the medical malpractice statute of limitations, Michigan patients have two years from the date when the medical mistake occurred to sue the hospital for medical negligence. However, exceptions exist for certain cases. They involve minor patients, patient deaths, and the discovery of medical malpractice after the statute of limitations has passed.

Why Do You Need an Attorney for Your Medical Malpractice Claim?

You need a personal injury attorney with Lipton Law to sue a hospital because navigating a medical malpractice claim is complex. When a hospital failed to provide appropriate care, proving negligence requires a thorough understanding of how to interpret medical records, knowledge of the legal process, and experience evaluating the actions of the healthcare provider. Having a personal injury attorney sue the hospital will give you the support and guidance you need during this trying time.

Our Michigan hospital malpractice attorneys understand the severe consequences of medical negligence and the impact it can have on a patient’s life. When negligence occurs, we collect evidence, interview witnesses, and thoroughly examine the details of your situation to build an effective case.

Contact a Michigan Medical Malpractice Lawsuit Attorney Today

If you or someone you love has suffered medical malpractice damages due to negligence from a hospital or medical professional, you deserve full and fair compensation. We strongly recommend that you work with a personal injury attorney who has extensive experience handling medical negligence cases. 

At Lipton Law, our Michigan personal injury lawyers regularly take on medical malpractice claims. We strive to obtain fair compensation for your losses. You have the right to sue the hospital for medical malpractice if the staff’s negligence caused your injury or illness. To schedule your free consultation about your medical malpractice claim, call our office at (248) 557-1688 or contact us online.