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Every year, millions of people go to hospitals with the expectation that they will receive adequate care. Although people rely on the expertise of doctors and hospital staff for all health concerns, sometimes medical professionals can be negligent. When you have sustained harm from medical-related negligence, our experienced medical malpractice attorneys can help you seek just compensation.
A hospital can be negligent in caring for its patients in many ways, and hospital negligence cases are often multifaceted, costly, and drawn-out. Because the process is long and involves high stakes for both sides, it is crucial to work with a Philadelphia hospital negligence lawyer from Lowenthal & Abrams, who can advise you of your rights and work with you to hold the provider accountable.
Understanding Hospital Negligence
Hospital negligence occurs when a hospital, its staff, or providers it is responsible for fail to meet the accepted standard of care and that failure causes a patient harm. It can involve the hospital’s own policies, staffing, or conditions, as well as mistakes by nurses, physicians, or other staff. A poor outcome alone does not establish negligence.
Some common examples of hospital staff negligence that could lead to medical malpractice lawsuits are:
Unsafe or Unsanitary Conditions
When a hospital fails to maintain its tools and equipment, it can be held liable for the harm a patient experiences because of the staff’s carelessness. When the space is unsanitary, patients can sustain severe infections and other complications. Hospitals must be cleaned daily for everyone’s safety. Hospitals are expected to follow cleaning and infection-control practices that help keep patients safe.
Misdiagnosis or Delayed Diagnosis
Many lawsuits involve circumstances where a patient received unnecessary or untimely treatments. This can happen when a doctor fails to recognize necessary signs and symptoms or due to errors in analyzing lab or test results.
Birth Injuries
Injuries can happen before, after, or during childbirth, and they can be caused by a variety of factors, like incompetent prenatal care, failure to recognize fetal distress, or mishandling a baby during birth.
Anesthesia Complications
This can occur when someone receives too much or too little anesthesia. For example, a patient could experience organ damage or be conscious during the procedure.
Medication Errors
This form of negligence can cause anything from allergic reactions to death. Some examples include prescribing the wrong medicine, failing to recognize dangerous drug interactions, and failing to note signs of addiction.
These are only some examples of the circumstances that may count as hospital negligence in Pennsylvania and where a hospital can be held liable for the actions of its staff. An injured person generally must show four factors to prove that the hospital was negligent. They must show that the hospital or provider had a duty of care to the patient, that they failed to meet the accepted standard of care, that this failure caused the patient’s injury, and that the patient suffered damages as a result. Hiring a Philadelphia lawyer from our firm who knows how to prove these elements in your hospital negligence case is essential.
Can You Sue a Hospital for Negligence in Pennsylvania?
Yes. You may be able to sue a hospital for negligence in Pennsylvania if the hospital failed to meet the accepted standard of care, either directly or through employees or providers it is legally responsible for, and that failure caused you harm. A poor medical outcome alone is usually not enough. The issue is whether preventable negligence caused an injury, complication, worsening condition, or other damages.
Common hospital negligence claims may involve medication errors, delayed treatment, surgical mistakes, infections, patient falls, discharging a patient too soon, or failures to properly monitor patients.
A hospital negligence claim may focus on the facility’s own conduct, such as unsafe policies, poor sanitation practices, inadequate staffing, delayed response procedures, or failure to properly monitor patients. It may also involve mistakes by nurses, technicians, physicians, or other medical professionals, depending on their role and relationship with the hospital.
The facts matter. Medical records, test results, medication logs, discharge instructions, witness accounts, and notes about when symptoms or complications began may help show what happened. In Pennsylvania, medical malpractice cases may also require a certificate of merit, which means an appropriate licensed medical professional has reviewed the claim and found a basis to proceed.
Because hospitals often involve multiple providers, departments, and insurance companies, it is not always clear who may be liable at first, or whether the hospital, a doctor, and a nurse can be part of the same case. A Philadelphia hospital negligence lawyer can review the records, identify the responsible parties, and explain whether you may have grounds to file a claim.
What Evidence Helps Prove Hospital Negligence?
Evidence in a hospital negligence case may include medical records, medication logs, test results, imaging reports, discharge instructions, photos, witness statements, and notes showing when symptoms or complications began. In Pennsylvania, these cases often depend on whether the records show that the hospital or provider failed to meet the accepted standard of care and caused harm.
Useful evidence may include:
- Medical records and treatment notes that show what care was provided, when decisions were made, and whether symptoms were properly addressed.
- Medication records that may show whether the wrong drug, dose, timing, or patient instructions contributed to the injury.
- Test results, imaging, and lab reports that may help identify whether a diagnosis was delayed, a condition was missed, or a complication was not handled properly.
- Discharge paperwork and follow-up instructions that may show whether the hospital gave clear guidance or failed to warn the patient about concerning symptoms.
- Photos, written notes, and witness accounts that may help document unsafe conditions, poor communication, delayed responses, or changes in the patient’s condition.
A lawyer can review these materials and determine whether additional records, hospital policies, staffing information, or testimony from medical professionals may be needed. In many Pennsylvania medical malpractice claims, a certificate of merit may also be required before the case can move forward.
Pursuing Compensation in Hospital Negligence Lawsuits
Injured people can settle with the healthcare professional’s insurance or go to court. Insurance companies often try to protect their resources by quickly offering low settlements to patients who do not have attorneys by their side. It is essential to work with an experienced lawyer who understands how to deal with insurance companies and can pursue fair compensation based on the facts of the case.
Whether a case settles or goes to court, injured patients can seek economic or non-economic damages to cover costs like past and future medical care, therapy, diminished quality of life, mental anguish, pain and suffering, or lost wages. To win these damages, a person must have convincing and well-documented evidence. A skilled Philadelphia hospital negligence attorney can collect evidence on an injured person’s behalf and work to pursue the compensation the facts support.
Consult a Philadelphia Attorney About Your Hospital Negligence Case Today
When a hospital or its staff is negligent, their conduct can leave you with serious injuries and feeling overcome by substantial monetary debt. You should not bear these hardships alone. Let our Philadelphia hospital negligence lawyers review what happened and advocate for you.
Contact us at (610) 667-7511 as soon as possible to learn about your legal options. We can happily schedule a free consultation at your convenience. There is no upfront cost and no fee unless you are compensated.
Hospital Negligence FAQs
Can a hospital be responsible for a doctor’s mistake?
Sometimes. A hospital may be responsible for a doctor’s mistake if the doctor was an employee, if the hospital’s own staff or procedures contributed to the harm, or if the hospital appeared to provide the doctor’s care as part of its services. Liability can depend on contracts, employment status, patient records, and how the care was arranged.
Is every hospital mistake considered medical malpractice?
No. A bad outcome or mistake does not automatically mean medical malpractice occurred. A patient generally must show that the hospital or provider failed to meet the accepted standard of care and that this failure caused an injury or made the patient’s condition worse.
How long do you have to sue a hospital in Pennsylvania?
In many cases, Pennsylvania gives patients two years to file a medical malpractice claim against a hospital. The discovery rule may extend that period when an injury and its cause could not reasonably have been known right away, and claims involving minors generally follow different rules. Because missing a filing deadline can affect your ability to bring a claim, it helps to speak with a lawyer as soon as possible.
