Hospital Related Medical Malpractice
Even if medical negligence occurred at a hospital, it does not mean the hospital itself is automatically liable. Generally speaking, hospitals, like all employers, are liable for the harm caused by their negligent employees. However, most doctors at hospitals are independent contractors – meaning they are not employed by the hospital. Typically, nurses, medical technicians, support staff, nutritionists, and administrators are hospital employees. If a patient is injured while being treated by a hospital employee, the patient can usually sue the hospital for resulting damages.
Doctor and Physician Medical Malpractice
In any medical malpractice case you must show exactly how your injury was caused by medical negligence. When it comes to doctors, you must first establish what the required standard of care was and whether your doctor failed to meet the standard. Second, you must show how that failure in the standard of care caused your specific injuries and damage
Failure to Diagnose
Failure to diagnose is when your doctor failed to connect the dots between your symptoms and underlying condition. Misdiagnosis may also be a failure to diagnose, but it normally refers to when your doctor incorrectly believes you have an underlying condition when you actually suffer from another; and the doctor should have known the correct diagnosis to make. Delayed diagnosis is when your doctor isn’t fast enough in making the connection between your symptoms and the underlying condition.
Nursing Home Negligence
Medical neglect of the elderly occurs when the nursing home fails to provide their residents with adequate attention, prevention measures, or medication for concerns such as bed sores, infections, cuts, diabetes, cognitive diseases, and mobility concerns. It can also be occur as Negligent Supervision – when a resident is repeatedly ignored, left alone, or disregarded; Basic needs neglect – where the nursing home fails to provide reasonable food, water, or a safe and clean environment; and Hygienic Neglect – where patients do not receive adequate help with laundry, cleaning, bathing, brushing their teeth, or other forms of hygienic practices.
Surgery Medical Malpractice
All surgeries involve risks but surgical negligence goes beyond the known risks and can include:
- Injuring nerves or ligaments during the procedure;
- Leaving equipment or material inside the patient’s body;
- Operating on the wrong body part;
- Incorrectly performing the incision; and
- Administrating pre- and post-operative medication incorrectly.