Medical Malpractice Law

When is a Hospital Liable in a Medical Malpractice Case?

Well, we all must admit that visiting a hospital can be nerve-wracking at times because you are putting your care in the hands of nurses and doctors.

Often times, doctors can make a traumatic situation better by making sure that you are cared for properly. However, occasionally there are negligent medics who ignore their responsibilities, which can cause injuries and even death.

Hospital workers can be stretched thin with long working hours, a high patient volume, and a small number of staff members. However, there is no excuse for negligence.

For example, in a fast-paced emergency room, negligence can easily cause life-threatening injuries.

When a hospital employs an individual to fill a medical role, he or she is expected to carry out the utmost level of care.

If a physician or any other medical practitioner is negligent and harms or injures an innocent patient, then he or she can be held accountable for the negative consequences.

At the end of the day, the hospital is liable for the work and actions of its staff.

A hospital may be responsible for various reasons, such as failing to fulfill obligations, procedural mistakes and general health care negligence.

For instance, a hospital may:

1. Fail to ensure that the staff has the right licenses, education, and training needed to provide medical services to patients

2. Fail to ensure that non-employees in the hospital (independent contractors) are qualified and are always in the right places in the building. An attending doctor can also be considered an independent contractor.

3. Lack a sufficient amount of workers to accommodate all the patients and offer proper care

4. Fail to keep correct patient records organized

5. Fail to ensure that workers follow doctors’ orders properly

6. Fail to strictly follow the hospital’s own rules implemented for patient safety

Victims of medical malpractice under Florida Statutes Annotated § 768.042 are always eligible for compensation or financial damages for things like pain and suffering medical bills and lost wages.

A medical practitioner may be sued, but he or she may not have the financial muscle to cover all of your damages. Normally, the hospital’s insurance carrier does.

No doubt that medical malpractice cases are complex and even more so when a hospital is sued.

In the state of Florida under Florida Statutes Annotated § 95.11, all claims for negligence against a medical professional must be brought within two years of the discovery of the likelihood of negligence. In particular cases, the limitation may be extended to four years.

Successful medical malpractice suits against hospitals does more than help to ensure that the injured patient gets the damages he or she filed to receive.

A claim can also help ensure that the hospital will take necessary steps to prevent the same mistake from occurring to another innocent patient.

If you think you received an unfair treatment from a hospital, then don’t hesitate to contact Hardesty, Tyde, Green & Aston on (904) 398-2212.

Our skilled medical malpractice attorney will help you seeking recovery from responsible parties, including surgeons, hospitals and doctors.

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