What Is Hospital Negligence? (Specific Examples)

The basic legal definition of “negligence” is: a failure to behave with the level of care that a person in the same situation would perform. For example, a negligent action may mean throwing a lit match in a dry, forested area, without regard that it may cause a fire. A negligent inaction would be failing to stop that fire or call for help.

Hospital negligence begins with the higher standard of care owed to patients from anyone working in the healthcare field. This includes surgeons, doctors, and nurses, as well as administrative, technician, and janitorial staff in hospitals. Examples include:

• Failing to diagnose and promptly follow-up on symptoms
• Neglecting to order proper diagnostic tests or misinterpreting test results
• Failing to provide proper nutrition according to the patient’s specific needs
• Dispensing incorrect types or dosages of medication
• Surgical errors such as using unsterilized or inappropriate equipment and tools, or improperly administering anesthesia
• Failing to maintain accurate records in accordance with medical regulations
• Premature discharge of a patient still in need of medical care

These are only examples of ways hospital negligence may occur. If you were injured while under a hospital’s care, contact Osborne & Francis by calling (561) 293-2600 to explain your circumstances, and secure representation right away.

Can You Sue a Hospital for Negligence?

Suing a hospital for negligence is your right if you have been injured due to mistreatment. Understanding the structure of a hospital may help explain the levels of care these institutions must provide.

Various types of hospital negligence may include:

• Employee error: If a patient is injured by a member of the hospital’s own staff while they perform job-related functions (nursing, scanning, cleaning, etc.), then the hospital may be held liable for the injury as that person’s employer.
• Hiring failures: If a hospital fails to hire or schedule the proper amount of workers for the area’s needs, it may be considered negligence. Likewise if a hospital employs incompetent workers to fill that quota, they may be liable for the consequences.
• Supply shortages: If the administration of a hospital fails to properly stock enough inventory of medical and cleaning supplies, any injury (like infection) which results may be considered a matter of hospital negligence.
• Improper protocols: If the procedures set forth by the hospital are unsafe or leave gaps in care and monitoring, it may not be a low-level staff member’s sole responsibility for the injuries that could be caused. The hospital is required to set the minimum standards of care and processing.
• Documentation failures: Disorganization sounds like a minor mistake, but in hospitals it is a life-and-death matter. Messy or irregular filing could lead to denying care based on insurance misunderstandings, over- or under-medicating, or missing key symptoms and/or medical history (like previous adverse reactions or underlying conditions).

Doctors and surgeons are often independent contractors in hospitals, responsible for their own instances of medical malpractice. However, hospitals sometimes directly employ physicians, as well as many other staff members. These workers may each hold a higher level of responsibility for patient care than anyone who is not employed in a healthcare field.

Reach out to an experienced hospital negligence lawyer to learn more about your rights. Compensation may be available to help you seek proper care.