How To File A Lawsuit Against Negligent Hospital Staff - Diamond and Diamond Lawyers
  • Tuesday, 25 February 2020

How To File A Lawsuit Against Negligent Hospital Staff

The hospital is meant to be a place of healing and wellness. The staff are meant to be your allies in building a healthier life. Unfortunately, sometimes things aren’t all they should be.

Negligence and malpractices by hospital staff can have serious and potentially debilitating consequences for patients.

If you or a loved one received medical treatment which resulted in injury or damages due to the medical staff’s negligence or malpractice, you may have grounds to file a lawsuit for medical malpractice. You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other counts.

To file your claim, you must act within two years of discovering the injury to be within the statute of limitations. 

How Medical Malpractice Claims Against Hospital Staff Work

A malpractice suit can result from the actions of any hospital employee. This includes nurses, technicians, and anyone employed by the hospital.

If the claim focuses on the actions or negligence of a member of the hospital staff, the hospital will be liable for the damages and compensation. 

However, doctors are not always employed by the hospital they work at. Some doctors work as independent contractors and are not technically employees of the hospital. In this case, you would bring your medical malpractice claim against the individual doctor’s practice, not the hospital itself.

Following this reasoning, if a member of hospital staff such as a nurse commits malpractice while under the direction or supervision of a non-employee doctor working in the hospital as an independent contractor, that individual doctor may be liable for the malpractice claim.

What You Need To File A Malpractice Claim

To file a malpractice claim, you will need evidence that you were injured by a hospital employee while they were performing their job. This might include photographs, medical records, witness testimony, or any other form of admissible evidence.

You will also want documents and receipts clearly showing any expenses which resulted from the incident, such as medical fees.

Most importantly, you will want a qualified and experienced personal injury lawyer.

Personal injury lawyers design their practice to be as accessible as possible.

That’s why they almost always offer to work on a commission basis. Under a commission pay structure, you pay absolutely nothing out of pocket at any point. The lawyer will collect their fee as a percentage of the settlement or judgement from your case.

Combined with the free initial consultation, you really have nothing to lose by getting in touch with a personal injury attorney to review the options for your malpractice claim.

Your personal injury attorney will be your complete guide to the legal process. Your attorney will be available to answer any questions and provide you with legal advice. They will help you collect the proper documents and evidence to file a strong case. They will be capable of negotiating with hospitals and insurance agencies for a settlement, or representing you in court should the case go to trial.

Ready to see what kind of compensation the right representation can get you?

Schedule your free consultation today.



Can I sue the clinic responsible for my injury even if it has already closed down?

Often, it is possible to sue the clinic that is responsible for your injury even if it has already closed down. This must be done within the time limits of the statute of limitations. It is best to hire a lawyer that has handled similar cases. These types of claims are not easy to pursue. But a lawyer that has experience of handling medical malpractice cases will be able to identify the most efficient way to handle this situation.

Is there a difference between medical negligence and medical malpractice?

There is a difference between medical negligence and medical malpractice. Negligence is when a medical professional makes a mistake that leads to a patient being hurt. Malpractice is when a clinician knowingly and deliberately does not provide the right type of care. If you think either of these things has happened to you, it is wise to speak to a lawyer with the expertise to handle both types of cases.

Can you sue hospital clerical staff for malpractice?

If a clerical member of staff has made a mistake that has led to an injury it is still possible for the victim to claim compensation. The clinic they work for has a responsibility to keep their patients safe. It does not matter who on the team made the mistake, compensation would need to be paid. The fact that it was not a clinician that directly caused the injury can complicate the case. But a medical injury lawyer that has plenty of experience will still know how to handle this complicated situation.

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