What Constitutes Hospital Negligence in a Medical Procedure?

By David Hammond
Partner

We go to hospitals for life-saving medical care, but sometimes, medical providers’ negligence results in severe harm to patients. If you believe you suffered injuries due to negligence at a New York hospital, you have the right to seek compensation for the resulting losses.

What Negligence Means in New York Hospital Negligence Cases

Proving hospital negligence can be challenging due to the high standard of proof required in medical malpractice cases. Typically, proving negligence in a personal injury case involves showing how it’s more likely than not that someone failed to take reasonable precautions to prevent your injuries. However, medical malpractice cases involve proving a hospital or healthcare provider failed to meet the medical standard of care. That means the hospital or healthcare provider’s actions did not align with what another provider with similar training and experience would have done in the same situation. This higher standard of proof is one reason you need a lawyer’s help in these cases, as they can gather the evidence necessary to help you recover fair compensation.

Common Examples of Hospital Negligence

Hospital negligence can take many forms. Some typical examples include:

  • Poor Sanitation and Cleaning – Unsanitary conditions during a medical procedure can lead to infections and other potentially life-threatening complications.
  • Medication Administration Errors – Giving patients the wrong medication or the wrong dose of a medication can lead to severe, potentially deadly side effects.
  • Failing to Properly Train Staff – Without proper training, nurses and other hospital staff might not know how to properly care for patients, leading to dangerous errors and the potential for grievous injuries.
  • Inadequate Patient Monitoring – When doctors and nurses don’t properly monitor patients’ vital signs during and after surgery, they can miss signs of potentially severe complications that can cause further injuries or even kill a patient.
  • Overcrowded or Understaffed Facilities – Patients can suffer severe injuries in hospitals when there aren’t enough staff to give everyone the individual attention they need. For example, rushed nurses may miss signs of complications or administer incorrect medication.
  • Ignoring or Delaying Patient Care Requests – Overcrowded or understaffed hospitals may have trouble quickly responding to patient care requests, which can lead to injuries if patients experience sudden symptoms and need rapid treatment.
  • Incorrect Patient Identification or Record-Keeping Errors – Poor record-keeping and other patient identification errors can lead to wrong-site surgeries, incorrect surgeries being performed on patients, and other severe errors.
  • Inadequate Fall Prevention Measures – Patients can sustain severe fall injuries while walking around a hospital or during rehabilitation if facilities don’t take proper fall prevention measures.

Potential Compensation for Hospital Negligence

If you sustained injuries due to hospital negligence, a Syracuse medical malpractice attorney can help you seek fair compensation, including money for:

  • Any current or future medical expenses related to your injuries
  • Your lost income while you heal from your injuries
  • Any reduction in your earning potential due to a long-term disability
  • Pain and suffering due to your injuries
  • Emotional distress resulting from your injuries

Deadline to File a Hospital Negligence Lawsuit in New York

If you want to sue a New York hospital for negligence during a procedure, state law requires you to do so within two years and six months of when you sustained your injuries. However, you might have additional time if your injuries do not show up immediately. Talk to a lawyer as soon as possible to preserve your rights and maximize your chances of recovering full compensation.

Talk to a New York Hospital Negligence Attorney Now

CDH Law PLLC understands the immense toll medical malpractice injuries can take and will handle the work involved in suing a negligent hospital. Call us today or complete our contact form for a free case evaluation.

About the Author
David is a former military prosecutor and defense lawyer with over a decade of experience fighting for service members and their families. He served nine years and two combat tours as an active duty US Army officer, then joined the Reserves and settled down in Syracuse to be near family. Now representing people across Central New York charged with serious felonies, misdemeanors, DWIs, and traffic offenses, he puts the same level of commitment into his civilian law practice. If you have any questions regarding this article, you can contact David here.