Hospital malpractice lawsuits, like any other malpractice cases, can be challenging to prove and win. When pursuing a case against a large medical institution, additional complications and requirements must be addressed. To win this type of lawsuit, you must provide evidence that addresses three key aspects of your malpractice case. Read on to learn more about how to pursue a negligence case against a hospital or other medical institution.
Prove Employee Negligence
Evidence that a medical professional’s act or failure to act took place is the cornerstone of any medical malpractice suit. For a hospital-specific case, proof of this negligence can take many forms. It could be based on a nurse’s administration of incorrect medication, for example, or on a technician’s improper use of anesthesia. This evidence could involve showing that a doctor neglected to order necessary diagnostic tests or misdiagnosed a medical condition. A successful hospital malpractice case could also demonstrate that substandard procedures or conditions caused an infection that could have been prevented.
Prove Consequences of Hospital Negligence
Any malpractice lawsuit involves proving that a medical professional was negligent in some manner. To win your case, however, it isn’t enough to prove that a medical error occurred. You must also show that you experienced damage or further harm as a result of the error. Perhaps negligence caused you to lose past or future income. Or maybe a surgical mistake has left you physically or psychologically impaired. Whatever the consequences of the medical professional’s mistake, you must provide evidence that it is significant enough to support a hospital malpractice case.
Prove Hospital Liability
To win your case, you must demonstrate that the hospital was responsible for the negligence that took place. It is vital to prove that an employee relationship existed between the institution and the negligent medical professional. This is not always a straightforward endeavor. While most nurses, technicians, residents and interns are hospital employees, many doctors are independent contractors. To prove that a hospital is liable for a doctor’s medical error, you must show that the doctor is an employee. This could mean showing evidence demonstrating that the medical institution controls the doctor’s working hours or fees. In some cases, the institution may be held liable if the plaintiff was led to believe that the doctor was an employee of the hospital.
A successful medical malpractice case against a hospital must not only demonstrate that a negligent act or error caused you harm, but also that the hospital is responsible for this medical negligence. If you are considering filing a lawsuit, schedule a consultation with the experienced attorneys at Rasmussen and Miner in Salt Lake City. Their knowledgeable legal team can help you with every aspect of your hospital malpractice case.