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3 Things to Know About Hiring an Attorney for a Hospital Negligence Lawsuit

June 1, 2023  ·  By HM&M

When you seek medical care at a hospital, medical group outpatient location, surgicenter, or other healthcare facility, you expect to be treated with care, respect, and professionalism.

When hospital employees fail to provide that, the result can be catastrophic. Permanent injury, sexual assault, and even death can occur as a result of hospital negligence.

What is hospital negligence? It’s a form of medical malpractice that occurs any time a hospital (or other type of medical institution) violates its independent duty to supervise and ensure care is safely provided in its facility, resulting in injury to a patient. There are various kinds of hospital negligence, including:

  • Respondeat superior liability: When a hospital’s employees and agents—including physicians, house officers, residents, nurses, and technicians—commit medical errors and fail to provide safe medical care.
  • Negligent supervision: When the hospital fails to adequately supervise the medical providers at the facility. A hospital’s failure to supervise physicians and employees to ensure that they are respecting patent rights and boundaries may give rise to a negligent supervision claim if a patient is sexually abused as a result.
  • Failure to institute adequate policies and procedures: When the hospital neglects to establish and enforce adequate written rules governing how physicians and nurses should care for patients.
  • Failure to provide an effective “Chain of Command:” Not providing a process for hospital employees to report another caregiver who fails to provide quality care to a patient.
  • Negligent credentialing: When a hospital fails to be reasonably careful in granting staff privileges to a physician who subsequently commits malpractice that results in injury. When a hospital allows an unqualified physician to perform a medical procedure that results in injury, the hospital may be liable for negligent credentialing. A hospital’s failure to perform an adequate criminal background check on hospital physicians and employees may also give rise to a negligent credentialing claim if a patient is sexually abused as a result.

Considering a lawsuit for negligence on the part of a hospital? Here’s what you need to know about hiring an attorney.

Determine When it’s Time to Contact a Negligence Attorney

If you experienced an injury, life-altering mistake, sexual assault, or some other unfortunate result of negligence, you could have a viable lawsuit against the hospital that’s responsible.

The best time to contact an attorney is when you realize something preventable, such as an injury, happened to you as a result of the hospital’s negligence. This is especially true if the resulting mishap has:

  • Violated your rights as a patient.
  • Left you with pain and suffering as a result of an injury.
  • Caused burdensome medical bills for additional medical care that wasn’t needed before.
  • Fallen into the category of sexual abuse.

A skilled trial attorney can speak with you about your specific situation and advise you about immediate next steps.

Filing a Lawsuit Doesn’t Mean You’re Against Doctors

Seeking justice against a hospital can be an emotionally charged process. Some victims of medical malpractice feel guilty about filing a lawsuit because they perceive it as taking a stance against medical doctors.

This isn’t the case. In reality, seeking justice through legal channels is an appropriate and important avenue for a number of reasons:

  • Change will not happen unless you act! Pursuing a claim and making the hospital take responsibility for its negligence discourages future misconduct and ensures good doctors aren’t burdened by poor hospital management or the actions of bad doctors.
  • It protects future victims from being affected by negligence.
  • It can provide you emotional healing and closure from a potentially traumatic medical experience.
  • The outcome can support you financially, especially as you may face a lifetime of expensive medical bills due to your injury.

Your Negligence Attorney Will Need Regular Updates From You

The justice system in America is structured with important steps that ensure fair trials for all people, and it requires patience to take advantage of this helpful system.

Should your case proceed to trial, your attorney will do a great deal of important work: Contacting physicians and other industry experts for statements, contacting witnesses to obtain information, and conducting ample research.

During this time, it’s essential that you keep your attorney apprised of developments relevant to your case. For example, if you were seriously injured as a result of hospital negligence, you’ll need to provide your attorney with updates on your condition as you attend additional doctor’s appointments and seek treatment.

When you team up with an experienced negligence attorney, you can rest assured knowing that your case is in good hands. No matter how long it takes to seek justice, you’ll be glad you did.

Get a Free Consultation From Top Chicago Malpractice Attorneys

Finding a negligence attorney comes down to selecting the person who makes you feel comfortable. The Chicago-based malpractice attorneys at Hurley McKenny & Mertz are experienced, respectful, and understanding.

Not only have we obtained record-breaking jury verdicts for our clients in various personal injury cases, but our clients have also given us high praise for their experience working with us.

We would be honored to speak with you about your situation. You can contact us at any time for a completely free consultation.

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