If you have experienced a personal injury or disability due to the negligence of health care professionals during a hospital stay, you have a right to justice. An attorney can file a medical malpractice lawsuit on your behalf. However, before you decide to sue, it’s essential to have a valid case.
When Hospitals Are Liable for Employees
Hospitals are liable for the actions of their employees. Their staff members must have the required education, ongoing training, and licensure. If an employee—whether it’s a nurse, doctor, or anesthesiologist—acts negligently, the hospital is responsible for ensuing damages.
Say you had an operation and the surgeon, a hospital employee, left a sponge inside you. The hospital is liable for this error. However, if the professional is not employed by the hospital, the facility isn’t liable, even if it took place under their roof. An example would be if an independent plastic surgeon and his team use a hospital operating room—but are not employed by the facility.
There are some exceptions to this rule, such as if the hospital gives privileges to an incompetent or dangerous doctor. For example, if the plastic surgeon in question has been investigated previously for medical malpractice, an attorney could argue that the hospital acted negligently by still giving him a space to operate.
What to Do if You Suspect Medical Negligence
There are many different types of medical negligence. Common causes for legal action include errors in medication dosing, incorrect or delayed diagnosis, and surgical mistakes. Laws vary in every state, so always consult a local attorney to determine the strength of your claim.
If you do have a case, a lawyer can file the appropriate paperwork and collect the necessary evidence. This is a complicated process, involving everything from analyzing medical files to soliciting expert testimony.
The Gil Law Firm of Dothan has more than 15 years of experience helping clients in Alabama, Florida, and Georgia with medical malpractice lawsuits. Known for their aggressive representation in the fields of personal injury and disability law, these attorneys will fight for you. See what some of their clients have to say online. Request a consultation by calling (334) 673-0100.