Hospital Negligence

hospital negligence

Most people associate medical malpractice cases with doctors and other medical professionals making mistakes. However, some injuries can be caused by hospital negligence. If hospital negligence has caused you serious injury or the wrongful death of a family member, you have the right to pursue compensation through a personal injury lawsuit.

The legal team at CDH Law PLLC has a proven track record of success in handling hospital negligence cases for clients in the Syracuse and Central New York area. We have the resources and professional network to thoroughly investigate your case and seek the maximum compensation possible. We don’t charge our clients any fees until we win. Contact CDH Law PLLC today to schedule your free initial consultation.

Types of Cases We Handle

Hospital negligence occurs when a hospital employee causes a patient injury through negligent care. Negligence can involve an act, error, or omission that causes the patient harm. At CDH Law PLLC, we represent patients in a wide range of hospital negligence cases, including:

  •  Inadequate supervision of a patient
  •  Insufficient medical care due to lack of adequate staffing
  •  Failure to perform or correctly interpret diagnostic tests
  •  Emergency room errors
  •  Poorly equipped medical facilities
  •  Unnecessary surgery
  •  Poor surgical follow-up or aftercare
  •  Premature discharge
  •  Disregarding patient history
  •  Failure to order proper testing 
  •  Failure to interpret testing
  •  Serious infections that begin in the hospital due to staff
  •  Radiology or lab errors
  •  Hospital departments fail to communicate with each other adequately 

Hospital Employee Negligence

Many people assume that hospitals are financially liable for the malpractice of their doctors. When someone becomes injured at a hospital, they may assume that they’ll be able to sue the hospital as well as the doctor, individually. However, in many hospitals, doctors are not considered employees of the hospital. They may have admitting privileges at a hospital, but they are essentially independent contractors. When a doctor’s negligence at a hospital causes a patient harm, it doesn’t necessarily mean that the patient can hold the hospital accountable in a lawsuit. 

Though, in some cases, doctors are employees of the hospital. When the doctor who caused your injuries was an employee at the hospital, you may be able to hold the hospital liable with a lawsuit. One of the skilled attorneys at CDH Law PLLC can review your case and help you determine whether you have a right to bring a lawsuit against the hospital, the doctor, or both.

Negligent Hiring By the Hospital

Hospitals have a legal duty to make reasonable inquiries before they hire doctors. When a hospital knows that a doctor they hired is incompetent or dangerous and continues to let the doctor treat patients, they can be held liable for any injuries the doctor causes. Additionally, if the hospital gives staff privileges to a doctor that is incompetent or dangerous, they can be held liable in a hospital negligence case.

Patients do not have to prove that the hospital had evidence of the doctor’s dangerous behavior before the incident happened. If the hospital should have known that a particular doctor was dangerous or incompetent, they can be held liable as well. 

Inadequate Hospital Staffing

New York hospitals have been struggling to stay fully staffed in recent years. Difficulty keeping hospitals staffed isn’t an adequate defense for hospital negligence. Hospitals must ensure that there is enough medical staff, including doctors and surgeons, on duty at all times so they can maintain quality patient care. If a patient becomes injured because the hospital is understaffed, the patient may be able to hold the hospital liable. 

Damages Available in a Hospital Negligence Case

Plaintiffs in hospital negligence cases are entitled to many different types of damages. Our legal team will work with a financial expert to carefully review all of the injuries you sustained. We will determine how much money you are entitled to for your current and future damages. It’s important that we accurately assess your injuries to advocate for the total amount of compensation you need going forward. You may be entitled to the following damages in your hospital negligence case:

  •  Your current and future medical costs
  •  Lost income 
  •  Loss of future income if you can no longer work due to your injury
  •  Pain and suffering
  •  Loss of quality of life
  •  Temporary or permanent physical or intellectual disability 

How a Hospital Negligence Attorney Can Help

Determining whether a doctor, the hospital or both are legally responsible can be challenging. Medical malpractice cases, including hospital negligence cases, can be some of the most complex because they involve an enormous amount of discovery and require the use of medical experts. Discussing your case with an attorney as soon as possible will make the process smoother and less stressful for you. CDH Law PLLC may be able to collect evidence you otherwise wouldn’t have been able to collect, strengthening your case. Our legal team can also:

  •  Assess a case during a complimentary consultation
  •  Hire a medical expert to act as a witness and testify on your behalf
  •  Handle all communication with the opposing counsel
  •  Submit all paperwork correctly and on time
  •  Work with a financial expert to calculate the value of your injuries in monetary terms
  •  Negotiate aggressively with the hospital’s insurance company for a beneficial settlement
  •  Prepare to take your case to trial and take your case to trial when necessary
  •  Help you understand your legal options so you can make informed decisions in your case

Discuss Your Case with an Experienced Attorney

Hospital negligence can result in many different types of injuries, ranging from moderate to severe. Every year, patients are seriously injured or die due to preventable hospital negligence. If you or your loved one have been injured due to hospital negligence in Syracuse and Central New York, CDH Law PLLC is here to help. We offer free, no-obligation case reviews. Contact us today to learn more about your potential settlement award.