Summary
- Reasons to sue a hospital can include malpractice and simple negligence
- The process for how to sue a hospital is the same as any other entity
- A hospital often has insurance to cover its acts and those of its workers
Reasons for a Hospital Lawsuit
After an injury in a hospital, victims often wonder, “Can I sue a hospital?” The answer is yes. Like any other entity, hospitals are responsible for what happens inside their walls — whether they are non-profit or for-profit entities.
The grounds for a hospital lawsuit can fall into any of the following categories:
Can You Sue a Hospital for Malpractice?
Yes, a hospital can be sued for malpractice. Hospitals are responsible for acts or omissions committed by employees in the course and scope of their employment.
If a healthcare provider is employed by the entity and commits medical malpractice, the hospital may be liable for the resulting injuries. This type of liability can cover malpractice committed by:
Additionally, the hospital may be liable for professional malpractice by contractors. Specifically, hospitals must screen all the medical providers who have admitting privileges.
As a result, an entity might be responsible for allowing a doctor to work in the hospital and use its facilities if it knew or should have known the doctor had a record of committing errors.
Can You Sue a Hospital for Negligence?
You can also sue a hospital for simple negligence. Hospitals have public spaces where patients and visitors must be reasonably safe. Additionally, hospitals must reasonably protect people when providing non-medical services. Some examples of simple negligence that can happen in a hospital include the following:
- Slip and fall accidents in the hospital
- Negligent security in the parking facilities
- Food poisoning due to the hospital’s food service system
Additionally, hospitals are responsible for the actions of non-medical personnel. If these employees negligently injure someone, the hospital may be liable. Thus, acts by any of the following workers might lead to hospital liability:
- Custodians
- Administrators, particularly those handling records
- Nursing aides and assistants
For example, suppose that the hospital’s administrators mix up patient records. A patient may have a claim against the hospital for an unnecessary amputation, even though the doctor performed the surgery perfectly, due to the hospital’s error.
Steps for How to Sue a Hospital
Hospitals usually have large insurance policies. Any claim will begin with their insurers. Whether you hire a lawyer or not, you will submit a claim explaining what happened and how the hospital is responsible.
If the insurer denies the claim, your only recourse may be to file a lawsuit. Understanding how to sue a hospital for negligence will be essential for you to proceed. If you are uncomfortable with the steps for filing a lawsuit, you should hire a lawyer to assist and represent you.
The steps for how to sue a hospital without a lawyer can be complicated, depending on your experience with the legal system. They include the following:
- Determining where to file the lawsuit
- Drafting a complaint with the legal basis for the lawsuit and the losses suffered
- Serving the lawsuit to the hospital
You can file a lawsuit against an entity like a hospital wherever the entity is incorporated or does business. Thus, you will often file a lawsuit with the state and county in which the hospital is located. If you file it elsewhere, the hospital might try to have it dismissed for lack of jurisdiction or improper venue.
Your complaint is a legal document that establishes your claim. It must do so with enough specificity that the hospital understands why it is being sued.
The hospital will then respond by filing an answer, giving its side of the story and possibly setting out affirmative defenses against your claims. If you started with an insurance claim, the grounds for your claim denial will likely appear in the answer.
Your complaint will also explain your losses resulting from the hospital’s actions. These losses will help a court award compensation. They also assist the parties in negotiating a medical malpractice settlement.
Suing a hospital for pain and suffering losses is possible. However, some states cap the pain and suffering damages you can recover for medical malpractice. For example, Colorado has a cap that adjusts with inflation annually.
How to Find a Lawyer to Sue Hospital Entities
To find a lawyer, you will start by gathering names of personal injury attorneys. Not all injury lawyers handle hospital lawsuits because of the complex medical matters involved. You will often need to seek out someone experienced in medical malpractice who has hospital lawsuit experience.
Start with referrals from friends and family members. They can provide insight into the lawyer’s knowledge and experience. Remember that hospitals are often large corporations with teams of lawyers. Your own lawyer will need to stand up to them during the insurance claim and lawsuit.
After you identify some prospects, schedule free consultations to interview the lawyers. Ask questions about their comfort in suing hospitals, and consider hiring someone who understands your goals and meets your expectations.
Learn More About How to Sue a Hospital From ConsumerShield
ConsumerShield can help patients understand their rights and find a lawyer to sue a hospital for the injuries they’ve suffered. Contact us for a free case evaluation and a lawyer referral.
