Following a surgery, a patient may be moved to the hospital’s recovery room if the medical staff thinks it is necessary to do so. In the recovery room, the patient is allowed to recover from the surgery, for example, while waiting until the effects of the anesthesia disappears.
Additionally, the patients in a recovery room are closely monitored for sufficient oxygen supply and post-surgical aches and pains that warrant medication. If the hospital staff fails to perform the duties in a recovery room, such negligence can lead to serious health injuries or even death. The Center for Disease Control (CDC) reports that in America, hospital-related infections amount to a staggering 1.7 million, and hospital-related deaths amount to about 99,000 every year.
Recovery room errors amounting to medical malpractice
Here are some cases of common recovery room errors that can give rise to medical malpractice lawsuits:
· Insufficient or erroneous patient records indicating poor patient care
· Wrong medication or incorrect dosage
· Failure to properly monitor patients
· Poor hygiene observed by recovery room staff
· Mishandling of patients
If recovery room deficiencies end up harming or injuring ill patients, the hospital becomes directly liable for the misconduct of their full-time or part-time staff or the inadequate patient-care facilities in the recovery rooms. The damages that can be claimed in a medical malpractice lawsuit against the hospital are medical expenses-past, present, or future, lost wages, and financial compensation for pain and suffering.
Moreover, if the plaintiff can prove that complete negligence on the part of recovery room staff caused additional bodily injury, then the trial court will also award punitive damages simply to punish the hospital for retaining such negligent staff employees. However, the "burden of proof: clause is very important while dealing with medical malpractice in an NY hospital’s recovery room.
The burden of proof in hospital malpractice
After suffering physical and mental injuries in a hospital’s recovery room, if you want to pursue a personal injury lawsuit, then against the hospital, you will first have to establish the "burden of proof." In order to establish the burden of proof, you will sue the following legal elements:
· The hospital has a duty of care towards all patients.
· The hospital "breached" the duty of care by inflicting harm or injury on a patient.
· This breach of duty led to direct injury to you.
· The breach was in itself the direct cause of the injury to you.
· The injury or harm resulted in losses that can be compensated.
The personal injury law will require you to furnish complete, evidentiary proof of claims in the forms of medical bills, payment receipts, earnings statements, and so on to validate your damage claims.
File for medical malpractice in hospital’s recovery room
When you bring up a hospital recovery room related medical malpractice case in New York, you have to consult with an able and experienced medical malpractice law firm to file the case. Filing malpractice lawsuit against a hospital can be a complex procedure, and it will requires a certain amount of legal knowledge and acumen that only an expert law firm can provide.
Here is what you need to do:
1. Get in touch with a medical malpractice law firm in New York as quickly as possible such as RMFW Law.
2. Most decent law firms will provide a free evaluation of your case.
3. If the law firm agrees to pursue your case, then aid the attorney to gather and organize all the evidentiary materials like hospital admission and discharge records, medical reports, surgery reports, recovery room records, eye-witness records, damage records, medical expenses, bills & receipts, insurance details and so on. The Health Insurance Portability and Accountability Act (HIPPA) allows you to get copies of all your medical records and reports.
As medical malpractice cases against hospitals can be very expensive, the law firm or attorneys may pay for the case and court proceedings out of pocket and bill the plaintiff only if they win the case at trial or settle the case.
If you want to pursue a medical malpractice case related to a hospital’s recovery room in New York, contact the reputed personal injury Law firm Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280. We know how to win cases! We have been doing it for years and years!