When you visit the hospital following an illness, you do so expecting that the facility has the right staff and equipment to treat your condition. And more often than not, this is always the case.
However, when the hospital staff makes mistakes that result in injuries to the patient, then you might consider pursuing a medical malpractice lawsuit against the facility.
So when can file a medical negligence lawsuit against the hospital?
Generally, the hospital is responsible for its employees’ job-related actions, or inaction, that might result in the patient’s injuries. As far as medical malpractice is concerned, the employee refers to nurses, paramedics and support staff.
Here are three instances when you can have a valid medical malpractice claim against the healthcare facility:
When they hire incompetent or unqualified staff – The health care facility is expected to hire competent employees who are qualified to perform functions related to their jobs. This calls for the facility to look into the candidates’ education, experience and background before hiring them. Additionally, the facility has a duty to dismiss or discipline any employee who is not competent enough to do their job. If the facility knowingly hires and/or retains an incompetent employee, it may be held liable for damages that might result from the employee’s actions or inaction.
When the hospital is understaffed – The health care facility has a duty to ensure that it is adequately staffed. If the facility lacks enough staff to provide the necessary patient care, it can be sued for the resulting injuries and/or death.
When the hospital lacks proper equipment – The facility can also be held liable for medical malpractice if it fails to invest in the right equipment for patient care. A failure to implement and maintain procedures that keep the facility sterile while avoiding infections can also lead to a medical malpractice lawsuit.
When a patient is under the care of the hospital, the facility has a duty to ensure that they receive an acceptable standard of care. Find out how you can pursue a medical malpractice lawsuit if you sustain an injury while receiving treatment.