Can I Sue a Hospital for Medical Malpractice?
Posted on behalf of D'Amico & Pettinicchi, LLC on Jun 15, 2018 in Medical Malpractice
Hospitals and medical institutions have an obligation to apply procedures and hire staff members that meet the standards held by the medical community. When a hospital’s failure to uphold its duty results in a patient’s injury or death, it can be held liable for medical malpractice.
If you or someone you love has suffered an injury as a result of negligent medical care received at a hospital, contact D’Amico & Pettinicchi’s New Haven medical malpractice attorneys for a free, no obligation consultation.
Our New Haven personal injury lawyers have helped numerous victims of medical negligence obtain the justice and compensation they deserve. We understand when a hospital is liable for medical malpractice and will pursue your claim to help you recover the maximum compensation you are owed.
What Are Hospitals Responsible For?
Hospitals and medical institutions have many responsibilities when it comes to providing patients medical treatment. This includes:
- Hiring properly trained and certified health care providers and staff members
- Adequately supervising staff members
- Maintaining operating equipment and medical machinery
- Providing a clean and sterile environment
- Replacing or repairing faulty equipment
- Overseeing all medical procedures in the hospital
The Hospital Is Liable
When a hospital fails to meet the medical community’s standards, it can be held liable for any injuries or death suffered by patients as a result of medical malpractice. This includes situations such as:
- Inadequate hiring and firing practices: Hospitals are required to hire competent staff members who are qualified to perform their required duties and care for patients. Likewise, a hospital should also fire staff members and health care providers who are unable to perform their job’s required duties.
- Failing to protect patients’ safety: Hospitals must have procedures and protocols in place that uphold patients’ safety. This includes adequate sanitation measures, timely updating of patients’ medical files and information, fall prevention and properly administering medications.
- Inadequate staffing: Hospitals must maintain an adequate amount of staff members to properly care for each patient. If a hospital is understaffed and a patient suffers an injury or death due to neglect, the hospital can be held liable for medical malpractice.
If you believe a hospital’s negligent procedures directly resulted in you or your loved one suffering an injury or death, contact an experienced attorney to find out if you have a case for filing a medical malpractice lawsuit.
The Health Care Provider Is Employed by the Hospital
When a health care provider employed by a hospital commits a medical error that results in a patient’s injury or death, the hospital can be held liable for medical malpractice.
However, many health care providers who work at a hospital are not actual employees and work independently from the hospital’s control. In this situation, the hospital would not be responsible for the health care provider’s negligence and may not be held liable for medical malpractice unless this person is found to be an apparent agent of the hospital.
To determine if the health care provider is a hospital employee, an attorney will consider the following factors:
- What degree of control does the hospital have over the health care provider?
- Does the health care provider choose his or her own working hours?
- Does the hospital set the health care provider’s fees?
- Does the health care provider receive benefits from the hospital?
- How is the health care provider paid for his or her services?
To build a case against a hospital, an attorney will investigate the relationship between the health care provider and the hospital. If an attorney is able to establish the health care provider is the hospital’s employee or apparent agent, the hospital can be held liable for the health care provider’s negligence.
File Your Lawsuit Before the Time Limit Runs Out
In Connecticut, medical malpractice victims generally have a two-year statute of limitations to file a lawsuit against a negligent health care provider. This generally means you have two years from the date on which you suffered an injury as a result of medical negligence to file a lawsuit, according to G.S.C. § 52-584.
However, Connecticut imposes a three-year statute of repose that victims must follow to file a valid medical malpractice lawsuit. This means if you do not discover you suffered an injury during the two-year statute of limitations, you must bring your claim within three years from the date the injury occurred; unless the claim resulted in death in which case the statute of repose is 5 years.
If you fail to meet these deadlines, your case will likely be dismissed and you will not be able to recover compensation from the at-fault party.
Contact Our Attorneys for a Free Consultation
If you believe you suffered an injury due to a hospital’s negligence, it may be in your best interest to consult with an experienced attorney for help with your claim.
The attorneys at D’Amico & Pettinicchi are dedicated to helping victims of negligence obtain the justice and compensation they deserve. We have experience establishing medical malpractice lawsuits and will use our skills and knowledge to help you obtain the maximum amount of compensation available for your case.
Do not hesitate to contact us to schedule a free, no obligation consultation to discuss your injury and find out if you have a case. All of our services are provided on a contingency fee basis, which means you only pay us if we recover compensation for your claim.