What is Hospital Malpractice?

 Posted on October 20, 2023 in Medical Malpractice

Doctors, nurses, and hospitals all have a duty to provide top-notch care to their patients. A medical malpractice claim is pursued when a patient is injured due to a healthcare professional’s negligence.  

In many malpractice claims, a hospital may be found liable for malpractice. If you or a loved one have experienced hospital malpractice, our Chicago hospital malpractice attorney has the skills and dedication to help you recover the compensation you deserve.

What You Need to Know About Medical Malpractice 

Medical malpractice occurs anytime a medical professional deviates from the expected standard of care and a patient suffers injuries as a result. In 2022, there were 411 medical malpractice payment reports filed against medical personnel and hospitals in Illinois.

To be considered medical malpractice, the following conditions must be proven:

Breach of duty of care

Whenever a physician deviates from procedures and treatments that would be used by a competent physician in the same or similar situation, the duty of care has been violated. 

A hospital can breach its duty of care by not tending to a patient’s needs. 

The negligence resulted in an injury

To make a medical malpractice claim, there must be a correlation between the physician’s or the hospital’s actions and the patient’s injuries. 

The injury resulted in significant damages

A medical malpractice case is time-consuming and expensive. For a medical malpractice claim to be viable, you must have sustained serious injuries, causing significant lost wages and medical bills. 

When Can a Hospital Be Sued for Malpractice?

Hospitals are often responsible for the actions of staff members, nurses, and technicians when these parties are acting within the scope of their employment. This is referred to as vicarious liability, and it makes the employer liable for the employee’s actions. 

Nonetheless, the hospital would not be liable for physicians who are working in an independent contractor position. Even so, many physicians are now being employed by hospitals, putting the hospital “on the hook” for a physician’s negligent behavior.

If you are unsure of what parties should be named in your lawsuit, a Chicago medical malpractice attorney will advise you accordingly.

Examples of Hospital Negligence

Although a hospital may be responsible for the negligence of its employees, the hospital itself may be negligent.

A few examples of hospital negligence are:

Switching patient charts

If patient charts are mistakenly switched, a doctor or nurse will be going off another patient’s medication and allergy list. An allergic reaction may take place, which can prove fatal. 

Improper training or failing to train nursing staff

The nurses are the heart of any hospital, but those patients who are put in the hands of nurses who are not trained properly are endangered. If staff or nurses are not trained sufficiently, they may not know how to handle trauma, causing delays in treatment and costing the patient’s life.

Prescription medication errors

The majority of hospitals have their own pharmacy. While convenient, if the pharmacist is trying to fulfill a large number of prescriptions, the wrong medication may be dispensed.

Anesthesia errors

A physician anesthesiologist is in charge of the administration and monitoring of a patient while the individual is in surgery. If a dosage error is made by an anesthesiologist or a nurse anesthetist, the consequences can be devastating. 

A Chicago, IL, Medical Malpractice Attorney Seeking Answers

Medical negligence is never clear-cut. If you have suffered injuries during surgery, in the emergency room, or during a routine procedure, you may be entitled to compensation. If this describes your situation, our Arlington Heights, IL, malpractice lawyer from Adler Law Offices, LTD is here to help. Contact us online or call 312-236-2700 today to schedule your free consultation.