Hospitals are places we rely on as sanctuaries. Many can credit hospitals with saving their lives, and families frequently welcome new babies under a hospital’s care. That is why the issue of hospital negligence is so profound, and why it’s important to hold wrongdoers responsible for the consequences.
We at Osborne & Francis have an extensive history of representing medical and healthcare-related cases. When the people and institutions meant to heal us instead cause harm, we do everything in our power to hold them accountable. Most importantly, we work to make sure you are fully compensated for your injuries so that you have all the resources available for recovery.
If you need an immediate consultation, call Osborne & Francis at (561) 293-2600 to discuss your situation. For more information on what qualifies as hospital negligence, read on.
So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:
Number One: See a doctor immediately.
A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.
A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care.
Number Two: Write everything down.
Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain.
You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered.
Number Three: Do not speak to an insurance company until you've spoken to a lawyer.
Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them.
So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.
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:
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.
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:
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.
By pursuing a hospital negligence case, you may be able to access financial resources to aid your own recovery—you may also help change hospital protocols for the safety of future patients.
A successful settlement or verdict for a hospital negligence case could mean financial coverage for:
These forms of compensation could greatly improve your health and the financial well-being of your family going forward. In addition, bringing a legal suit against a hospital can help improve their protocols or remove incompetant staff, and thus potentially save the lives of future patients.
Hospital negligence can be a lesser-known cause of injury and harm in the medical field. While many people are immediately aware when they’ve suffered surgical or prescription errors, hospital errors often occur unseen.
If you’ve received poor treatment at a hospital or clinic that caused or worsened your injury, speak with an attorney about your options. An experienced lawyer will know the ins and outs of how to sue a hospital for negligence, and hold those responsible accountable in court.
Osborne & Francis Law Firm can be reached via our online contact form or by calling (561) 293-2600 for a free, confidential consultation. There is no excuse to be made for improper medical treatment, and we are here to help you seek justice under the law.
Medication errors are the most common source of hospital negligence instances. This is due to many aspects of hospital care, including the regular influx of new patients needing attention, short staffing, and overwhelming care volume. Other contributing issues involve communication or computer errors between prescribing physicians, pharmacists, and the administering nurse or technician.
Sometimes yes, and sometimes no. Medical malpractice is when a physician or other healthcare professional causes injury to a patient through a negligent action or inaction (omission). However, there are other hospital errors that can cause injury due to the structure, equipment usage, and administration of a hospital.
Hospital negligence is its own special category that sometimes overlaps with malpractice, and non-malpractice forms of negligence can still be addressed by the law.
Suing a hospital for negligence involves gathering four elements of proof, which are sometimes referred to as the four Ds. First, your lawyer must show that there was a duty of care owed from the medical professional or entity to you, the patient. Next, your attorney must provide proof that there was a “dereliction” or failure of that duty, and draw a direct connection between that dereliction of duty to your injuries. The last element of proof is to describe those injuries in the form of “damages” or costs endured by the patient in economic and noneconomic hardship.
The offices of Osborne & Francis are headquartered in Florida, where the statute of limitations, aka the filing deadline, for medical malpractice cases is 2 years after the date of the injury. However, there is an exception of up to 4 years if the injury wasn’t immediately discoverable (like hidden gauze left inside a patient after surgery), and can be extended further if there was a criminal cover-up of injury (fraud or concealment).
Contact Osborne & Francis at (561) 293-2600 as soon as possible to make sure you don’t miss your chance for justice.