Any type of medical treatment or surgery can be nerve-wracking since you’re putting your life in the hands of others. You trust your doctors and the hospital staff will provide excellent care throughout the entire process. Unfortunately, when those medical professionals act negligently, you’re put at risk of becoming injured from those actions. However, did you know that you can also hold the hospital responsible in addition to suing the doctor that provided your care?
At Lipton Law, our Michigan medical malpractice attorneys have handled hundreds of cases against both doctors and hospitals in malpractice lawsuits. The attorneys handling these cases have done so for over 30 years and know what it takes to fight against even the largest Michigan medical facilities.
At Lipton Law, we even have our own medical professionals on staff to assist with all medical and hospital negligence cases. Our attorneys have successfully recovered millions in compensation for our clients and are prepared to do the same for you. To schedule a free hospital negligence consultation, call our law firm at 248-557-1688 today.
Why Is Suing a Hospital Different from Other Medical Malpractice Claims?
When you pursue legal action against a hospital, it’s different from typical medical malpractice lawsuits. The main difference is the hospital employee could be a staff member of the medical facility or an independent contractor. If the healthcare provider acting negligently is an employee, you could pursue legal action against the hospital and medical provider. If the doctor is considered an independent contractor, you cannot file a negligence claim against the hospital.
Like healthcare providers, hospitals also owe their patients a duty of care and are responsible for the medical professionals they hire. When a doctor or other hospital employee acts negligently and causes a person harm, they have a right to sue the hospital. For example, if a hospital hired a medical professional with a history of medical malpractice cases, you could sue the hospital for negligence since they knowingly hired someone that could cause harm or injury to their patients.
When suing a hospital for negligence, you and your medical malpractice attorney must prove the hospital’s liability for your injuries. When proving liability in medical negligence cases, medical experts are brought in to study the medical records and help determine if negligent acts were committed. At Lipton Law, we have on-staff healthcare providers that assist with all medical malpractice cases and will work to help prove your hospital negligence claim.
Types of Hospital Malpractice and Negligence
Unfortunately, hospital negligence can happen in several different ways. Whenever a doctor or medical professional acts negligently through diagnosis or prescription errors, you can suffer serious injuries and, in severe cases, even death. Some common examples of negligence are as follows:
- Delayed diagnosis, lack of diagnosis, or treatment: When a doctor doesn’t accurately diagnose a person’s ailment or fails to diagnose it completely, it can prolong the care they need and lead to a worsening condition. A delayed or wrong diagnosis can be life-threatening for the patient if not caught in time. A study published by Johns Hopkins in 2013 evaluated 25 years of medical claims and discovered that diagnostic errors made up the largest percentage of claims.
- Surgical errors: Surgery is already scary since you have zero control over what’s happening to your body. Unfortunately, when a doctor makes a mistake that could have been avoided during surgery, the results can be devastating. A study published in 2015 reports that at least 4,000 surgical errors occur every year in the United States. Common surgical errors include leaving equipment or sponges inside the patient and operating on the wrong patient or body part.
- Emergency room errors: When a person visits an emergency room, they usually need immediate treatment. Unfortunately, emergency rooms are typically hectic, and everyone is moving quickly, which can leave room for mistakes to happen.
- Medical technician mistakes: Medical technicians support doctors in many different ways. They’re responsible for monitoring your vital signs, blood pressure, and other medical data while you undergo a medical procedure. If they fail to monitor your vitals accurately or don’t sterilize the equipment, you could be at risk for injuries and infections.
- Prescription errors: This type of medical error is prevalent and can happen in several different ways. Whether the doctor prescribes the wrong medication, the pharmacist provides the wrong medication, or the nurse administers the wrong medication, medication errors can have catastrophic consequences. Many medications can have adverse reactions when mixed together, causing a patient to suffer even more.
- Hospital staff negligence: All hospital employees must perform their jobs with patients’ best interests in mind. When they act negligently, they can put patients at risk of infections and injuries.
- Wrongful death: In severe cases of hospital negligence, the actions of medical professionals can lead to the wrongful death of a loved one.
Are Hospitals Liable for Negligence from Independent Physicians?
In cases where the negligent doctor is not an employee of the hospital but an independent contractor, the hospital is not liable for negligence. There are circumstances, however, where the hospital can be held responsible for independent contractors’ actions. If the hospital failed to inform you that your doctor was an independent contractor, this could lead you to believe they were an employee of the hospital. When this happens, the independent contractor is considered an “apparent agent” of the hospital, which means the hospital failed to inform you they were not an actual employee and can make them liable in negligence claims.
Why You Need a Lawyer to Sue a Hospital
Pursuing a medical malpractice lawsuit against a hospital is a huge undertaking that should not be handled alone. Hospitals have the best lawyers, usually in-house, ready to take on any allegations of malpractice. If you’re going to sue a hospital for negligence, you need medical malpractice lawyers that have experience fighting against hospitals in Michigan.
At Lipton Law, we do not shy away from handling hospital negligence cases. Our medical malpractice attorneys have over 30 years of experience handling these lawsuits. When you work with Lipton Law, one of our senior-level partners will take your case because we understand how challenging these lawsuits can be. When looking for the best legal representation in Michigan for your hospital negligence claim, look no further than Lipton Law.
Proving Medical Negligence
Proving medical negligence occurred is what every successful malpractice case depends on. An experienced medical malpractice lawyer understands the importance of proving negligence occurred and what evidence is needed to back up the claims. The expertise of medical professionals helps when strengthening a negligence claim as they can evaluate your medical records from a healthcare provider’s point of view and will have a better understanding of what care you should have been provided.
When proving medical negligence, your attorney will show that the hospital and medical staff owe you the standard duty of care. This standard medical care means you would have been provided equal care at another facility that treated the same conditions with equally qualified medical staff. Once the duty of care has been proven, your medical malpractice lawyer will show that there was a breach of that duty of care through the hospital and/or the employee’s negligent actions. Your attorney will then show that those negligent actions caused you serious injury and are directly related to your poor medical care.
Calculating Your Damages
Not all hospital negligence claims are equal. The amount of compensation you could be entitled to will depend on several factors that need to be proven. Your attorney will research and provide evidence backing up your claim to justify the financial compensation. The type of evidence that can strengthen your claim and will affect your compensation include:
- Records of your medical expenses from further treatments due to injuries from negligent care.
- Documentation from medical experts that will explain any future medical treatments necessary due to the negligent treatment.
- Evidence of lost wages can include a statement provided by your employer and pay stubs.
- Statements regarding pain and suffering, maybe from a counselor, and other proof of non-economic damages incurred.
Negotiating Fair Compensation
An experienced hospital negligence attorney will know how to negotiate with the hospital in order to recover fair compensation for your injuries. The attorneys at Lipton Law have years of experience handling these cases and know what you deserve. We’ve recovered millions in compensation for our clients in many medical and hospital negligence cases and will fight to get the same for you. As one of the top law firms in Michigan, there’s a chance that we’ve already dealt with the hospital you’re pursuing litigation against.
At Lipton Law, we understand that when you seek treatment, you trust those providing care will have your best interest at heart. When hospital employees act negligently when caring for you and cause harm or injuries, it can be a frightening experience. You may even struggle with seeking medical treatments again in the future out of fear. When pursuing hospital negligence claims, our attorneys know that you deserve maximum compensation for not only your physical injuries but also your emotional ones. That’s why we won’t accept any lowball offers. We’ll take the negligence claim to court and fight for what you deserve if necessary.
Building a Strong Case
Since 1964, the attorneys at Lipton Law have been representing Michigan residents in their claims against medical and hospital negligence, personal injury claims, and more. When you hire our law firm to represent you in your hospital negligence case, one of our senior-level attorneys with over 30 years of experience handling med mal cases will take your lawsuit. These cases are some of the most challenging legal proceedings due to the extensive nature of the claim and the burden of proof. Medical malpractice is difficult to prove, which is why we count on our staff of medical professionals to evaluate your case and help us provide a solid defense.
Gathering Medical Expert Testimony
Medical expert testimony is essential for any medical malpractice case, especially those against hospitals. A medical expert can evaluate your medical records and determine if negligent acts have occurred. The expert will be able to testify that:
- Your medical treatment did not fall under the expected standard of care that all patients are entitled to.
- Any other healthcare professional in that same field would have given better medical treatment that would not have caused the injury.
- The injuries you received directly related to the negligent care the doctor provided.
Dealing with Insurance Companies
Insurance companies are notorious for wanting to handle legal cases quickly and quietly. Often, they’ll offer a person less than adequate compensation for their injuries to make the case go away. A hospital negligence attorney at Lipton Law will work with the insurance companies on your behalf and keep you from settling for an amount less than what you’re entitled to.
What to Expect from a Hospital Negligence Case
Hospital negligence cases can vary depending on whether the medical provider is an employee of the hospital or an independent contractor. When the doctor is an employee of the hospital, both the employee and the hospital can be held liable for damages.
If the healthcare provider is an independent contractor, the hospital must clarify that they’re not employees. As mentioned above, this can open them up to an apparent agency if they do not disclose that the medical provider is an independent contractor. This can make them liable for negligence claims against the contractor even though they’re not hospital employees. The hospital can show that the medical provider is an independent contractor through admission paperwork and consent forms.
Hospitals are at greater risk of apparent agency when the independent contractor works in the ER. The emergency department is fast-paced and only sometimes leaves time to explain details and sign proper paperwork, especially if they’re unconscious or suffering a catastrophic injury.
If the hospital works with a negligent independent contractor and is aware of their history of negligence, they can also be held liable for those negligent acts. For example, say a doctor has a history of substance abuse problems leading them to make mistakes leading to a patient being injured. In that case, the hospital can be held liable for being aware of their history and not taking the proper steps to revoke their privileges.
What Compensation Can I Get for Hospital Negligence?
Even though many hospital negligence cases settle outside the courtroom, that doesn’t mean you won’t recover compensation. Our experienced attorneys evaluate your case and determine what compensation would be adequate for your injuries. If they can negotiate this with the hospital, taking the case to court is unnecessary. The attorneys at Lipton Law have recovered compensation for the following for clients involved in hospital negligence cases.
- Medical expenses
- Lost wages
- Loss of earning capacity
- Partial or complete paralysis
- Mobility aids and home health care costs
- Physical therapy costs
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Funeral and burial costs if the negligence resulted in wrongful death medical malpractice
What Can Influence the Value of Your Case?
To determine the value of your hospital negligence case, your attorney will assess the worth of the injuries and emotional suffering you’ve experienced. The following factors will influence the value of your lawsuit:
- How severe your injuries are
- The circumstances surrounding your case
- All laws relevant to your case
- The parties involved in your case
How Long Do You Have to Sue a Hospital for Negligence in Michigan?
The statute of limitations in Michigan for hospital negligence is generally two years from the date of the negligent act. There are some exceptions, though, so just because you may be past the statute of limitations, you could still have the ability to pursue legal action. A hospital negligence attorney will be able to evaluate your claim and determine whether it’s too late to file a lawsuit.
Why Choose Lipton Law for Your Hospital Negligence Claim?
Lipton Law is the leading medical and hospital negligence law firm in Michigan. We handle these cases with the utmost importance and only assign them to our most senior-level attorneys. The hospital negligence lawyers at Lipton Law have over 30 years of experience handling these cases, so you know you’re in good hands.
In addition to having knowledgeable representation, we have expert medical professionals on staff assisting with all hospital negligence lawsuits. These cases are incredibly challenging because of how difficult they are to prove. Despite these challenges, our attorneys have successfully represented Michigan residents against hospitals and other medical professionals in negligent claims, recovering millions in compensation.
Contact the Hospital Negligence Lawyers at Lipton Law Today
A medical malpractice claim is one of the most difficult types of lawsuits a person can file, especially when they include legal action against the hospital. At Lipton Law, our experienced attorneys have handled complicated cases against medical facilities and never backed down from a fight. In fact, the verdicts and settlements we’ve achieved for our Michigan clients should speak for themselves.
When pursuing a lawsuit this extensive, you want to trust that your attorney has what it takes. At Lipton Law, you can rest assured that your Michigan hospital negligence attorney will do everything in their power to recover compensation for your injuries and hold the responsible parties liable for their actions. To learn more about how to sue a hospital, schedule a free consultation today by calling 248-557-1688.