If you have recently had a bad experience with a healthcare provider that resulted in injury or harm, you may be wondering what you could do.
Can You Sue a Hospital for Negligence?
Typically, you will need to have a case for medical malpractice in order to have an effective suit, either against the medical professional or the hospital where you received treatment. Read on to learn what constitutes medical malpractice.
The good news is you may be able to take legal action against the hospital or provider responsible for administering appropriate care. However, the legal action you should take depends on the responsible party and the nature of your injuries.
The Elements of Medical Malpractice Defined
When a medical professional fails to exercise due caution when administering care, they can do serious damage.
However, in order to successfully hold them accountable for their harmful errors, a few things must be in place:
- Evidence of negligence: In order to prove medical malpractice, you must be able to demonstrate that your doctor acted below the applicable standards of care defied proper protocol, or failed to exercise appropriate caution when performing a surgery, evaluation, or medical procedure.
- Negligence-related injury: You can only make a successful case for medical malpractice if your injuries are actually caused by the negligence you are alleging.
- Injury-related damages: If you hope to recover damages from the medical professional or healthcare provider who caused your injury, which is typically the purpose of a medical malpractice case, you must have evidence that the error, oversight, or negligence in question has resulted in real costs, damages, and losses.
All of the above apply when bringing a medical malpractice suit against a hospital, as hospitals are also responsible for implementing proper safety measures and creating a secure environment for patients.
When Doctors and Nurses Are Guilty of Medical Malpractice
Doctors, nurses, and other hospital staff members can individually commit serious errors that could negatively affect you. If a nurse or other hospital employee commits medical malpractice, the hospital could share in or bear the brunt of the liability for your injuries.
However, just because an incidence of medical malpractice took place in a hospital context does not necessarily make the hospital liable. If a doctor or surgeon acts irresponsibly and harms you in some way, your only legal recourse may be against the individual care provider.
Can You Sue a Hospital for Refusing to Treat You?
Whether or not you can sue a hospital because they refused to treat you depends on a few factors. Legally, a hospital cannot refuse you treatment because of your age, sex, religion, or other personal characteristics. If you’ve been denied treatment, reach out for legal counsel as soon as possible.
How to File a Lawsuit Against a Hospital
Being injured at the hands of a hospital or medical professional can be confusing, and it can be difficult to figure out exactly who is at fault and what your options are. When it happens, get in touch with one of our experienced medical malpractice and personal injury attorneys in Wichita. At Hutton & Hutton Law Firm, LLC, we are committed to serving you in any way we can.
We have the knowledge and experience you need to get the justice, compensation, and positive outcome you deserve, and we are delighted to serve our friends and neighbors in Kansas.