Medical malpractice is the third leading cause of death in the United States. For decades, it was estimated by the federal government that 98,000 people in the country were killed every year as a result of preventable medical errors. However, it is now found that the number is significantly higher. In fact, every year, approximately 440,000 people die due to doctor, nurse, or hospital errors.
Hospital malpractice is a common threat that can develop in situations where the careless or negligent actions of a medical professional other than a doctor cause injury to a patient. A hospital can be held liable for its employees' negligence. For example, a patient may be injured by a paramedic while being rushed to a hospital. Or, the patient may be harmed by a nurse with the wrong medication. The entire hospital, and not just one doctor, can be sued for damages by a patient impacted by hospital negligence.
In a number of states, the hospital is held responsible if staff privileges are given to a dangerous or incompetent doctor. The hospital is also liable if it should have known that a doctor who was previously safe had become dangerous or incompetent.
For example, if a doctor develops a severe addiction to drugs and this fact was known by the hospital management, or it was so obvious they should have known about it, the hospital can be sued by a patient injured by that doctor.
Proving Hospital Negligence
A plaintiff who sues for negligent selection of a doctor is required to prove that proper screening procedures were not followed by the hospital before granting staff privileges. This will usually entail the comparison of how the doctor was screened by the hospital with the screening procedures recommended by national or state medical bodies.
The laws differ from state to state, and depending on the laws in your state, the plaintiff may also need to prove that if an effective and appropriate screening procedure was followed, the hospital management would not have hired the doctor in the first place. A plaintiff who sues a hospital for negligent retention of a doctor will need to prove facts that show that the doctor's incompetence was known, or should have been known, by the hospital administration.
Getting Legal Help for Hospital Malpractice
It is often essential to get representation or advice from an experienced lawyer when suing a hospital because a complex body of rules regulates medical malpractice law. These rules vary considerably from state to state. Medical malpractice cases can go on for a long period of time, months or even years. Such cases are more complicated than most other personal injury cases. Therefore, you need to make sure that you hire a qualified and experienced medical malpractice attorney.
If you or a loved one has been harmed by hospital negligence, you should immediately seek the help of a qualified and reliable medical malpractice lawyer at Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212-344-1000.
You only get one shot at this. The hospital is not going to help you. The medical establishment is going to close ranks. You need legal expertise on your side and this is where we need to come into your life. We know how the game is played. We have been around the block before more than once. RMFW Law delivers and we know how to approach and finish these types of cases.
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