CASES WE HANDLE

Hospital Malpractice

Hospital Malpractice, Including Failure to Prevent FallsA hospital as an institution owes a duty to its patients. This can include the duty to properly credential doctors who work at the hospital or have policies and procedures set up to keep patients safe.

Unfortunately, it is often only after a costly lawsuit involving a severely injured person that many hospitals change behavior and institute safety measures.

What Is Hospital Malpractice?

The hospital itself has duties to its patients, independent from the medical providers themselves. When the hospital has a responsibility to its patient, and fails to meet that responsibility, and the patient is harmed, the patient may have a viable claim for hospital malpractice.

Can I Sue The Hospital For A Nurse Or Doctor’s Malpractice?

In addition to the hospital being negligent itself, the hospital may be legally responsible for the negligence of the doctors, nurses, and other health care providers working at the hospital.

What Are Examples Of Hospital Negligence?

Some examples of hospital negligence include negligently granting or renewing staff privileges to an unfit physician, failing to reasonably monitor and review the competency of a health care provider at the hospital, or failing to intervene in the treatment of a patient at the hospital under the care of an independent physician if the hospital’s staff becomes aware of obvious negligence.

What Role Do Hospital Policies Play In Malpractice Cases?

Hospital policies establish standards for patient safety, communication, and care procedures. If a hospital fails to create or enforce reasonable policies, and that failure causes harm, it may be liable for malpractice.

Can A Hospital Be Responsible For Failing To Maintain Safe Equipment?

Yes. Hospitals are required to properly maintain and regularly inspect medical equipment such as monitors, ventilators, and surgical tools. If faulty or poorly maintained equipment causes injury, the hospital may be held liable for resulting harm.

 

Simon was a healthy and active 57 year old when he suddenly had debilitating abdominal pain. At the hospital, a major intestinal blockage was discovered, and Simon had a successful surgery. What he did not learn, however, was that a mass concerning for cancer was identified on one of his kidneys. He was never told of this, the doctors at the hospital never acted on the abnormal finding, and the hospital had no system in place to follow up on concerning incidental findings like cancer. 

Four years later the kidney cancer was finally identified at another hospital, and Simon had to have major surgery to remove the entire kidney with the cancerous mass. If the original hospital had communicated with Simon, or triggered a followup about the kidney cancer, he would have avoided a major surgery and follow-up treatment, including scans twice a year to look for metastatic spread. 

Simon retained CMG Law and we were able to secure a settlement that helped Simon recover the cost of his medical bills and gave him a measure of peace. 

Linda was a healthy and active 26-year-old when she noticed her heart would race at times. Her cardiologist ran some tests and recommended an ablation procedure to solve the problem. The ablation procedure went well, and she was delivered to a recovery room to recuperate.

Prior to discharge, the hospital’s policy was to require patients go to the bathroom first. Her providers in the recovery room knew she had a history of syncope (fainting). And when Linda’s nurse helped her up to the bathroom, she stopped her after a short distance, noting that Linda was very unsteady on her feet.

Notwithstanding these warning signs, the nurse helped her to the bathroom but left her alone. While in the bathroom Linda got dizzy and fell, injuring her knee.

Linda retained us and we obtained a settlement with the hospital one month before trial. This will allow her to not worry about future medical expenses related to her knee injury.

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