Can you sue a hospital for negligence?
If you’ve suffered an injury at a hospital or other medical facility as a result of improper care or treatment, you may be able to sue a hospital for negligence. To claim compensation, you must have suffered injury or loss and be able to prove that your injury or loss could have been prevented with appropriate care and attention. Common occurrences of hospital negligence include:
- Medical misdiagnosis or failure to diagnose
- Surgery mistakes
- Failure to refer a patient to a specialist (or failure to get a patient care)
- Failure to follow up, resulting in preventable damage
- Failure to provide proper treatment
- Failure to prescribe medication
- Prescription of the wrong medication
Claiming compensation for hospital negligence can be overwhelming, particularly while you’re already facing emotional and physical distress. Without legal representation, it can be difficult to understand your full rights, entitlements, and the complex medical documents needed to build your case and pursue suitable compensation.
Our experienced team of specialist hospital negligence lawyers at LHD Lawyers have the knowledge and experience required for a successful claim, so you can receive the compensation you deserve.
How to report hospital negligence
To report hospital negligence, you’ll need to begin by collecting supporting evidence and as many relevant or necessary details as possible; this may include:
- Initial diagnosis documents
- Written correspondence with your medical practitioner (such as emails)
- Written allegations of negligence
- The doctor’s response to your allegations
- Documents that show proof of injuries caused by hospital negligence
- Discharge reports
- Surgical reports
- Prescriptions related to the hospital negligence
- Lab test results
To give your claim the best chance of success, you should also seek legal advice as soon as possible. Contact us online using our free online claim checker or call1800 455 725to talk to our specialist team of lawyers about starting your compensation claim for hospital negligence.
Meet our Medical Negligence Specialists
FAQs
Can a hospital be sued for misdiagnosis?
If you’ve suffered injury or harm due to negligent medical treatment at a hospital (such as a misdiagnosis or delayed diagnosis), you may be able to sue the hospital for negligence.
While the process can differ depending on the state you live in, to sue a hospital for negligence, you generally have to prove:
- That you received negligent treatment from your medical provider (this must be more than a reasonable mistake)
- The negligent treatment caused an injury or harm that otherwise would have been prevented
Our specialist hospital negligence lawyers can help you understand your entitlements and the processes involved when claiming compensation for hospital negligence. contact us today for an obligation-free consultation.
Are hospitals liable for their employee's negligence?
Hospitals often work hard to legally separate themselves from employees who are independent contractors (like emergency care workers); however, in some cases, they can still be held liable for negligent or incompetent actions of these workers.
Hospitals can be held responsible for an employee’s negligence if they fail to:
- Properly train employees
- Verify an employee’s credentials (or hire negligently)
- Make sure that employees maintain their credentials
- Provide adequate supervision
- Prevent medication errors like mislabeling
- Address problems with employees in a timely manner
- Dismiss employers who have caused problems in the past
- Maintain a sufficient number of medical staff
- Protect patient confidentiality
When can you sue a hospital for negligence?
Strict time limits apply when making a hospital negligence claim. These can differ depending on your location; however, most situations allow three years from the date of injury (or the date of ‘discoverability’) to begin a claim.
Contact our experienced team at LHD Lawyers to discuss your hospital negligence claim with a specialist hospital negligence lawyer and learn more about time limits that may apply to your situation.
How much can you sue a hospital for negligence?
The compensation you may be entitled to depends on your circumstances, the severity of your injury and the impact it’s had on your life. Usually, successful hospital negligence payouts are less than $100,000. More severe cases can see compensation up to $500,000 or more, with the higher payout usually signifying a more complex, severe case. Less severe cases may only see compensation in the thousands. Depending on your situation, you may be entitled to claim:
- Lost income
- Medical, hospital, and rehabilitation expenses
- Special equipment
- Travel and accommodation expenses
- Legal costs
- Pain and suffering
- Future lost earnings
- Disfigurement
- Loss of enjoyment of life
If you believe you’ve been a victim of hospital negligence, you should seek legal advice as soon as possible to assess your claim. Contact us online using our free online claim checker or call1800 455 725to begin a hospital negligence claim with LHD Lawyers.
See other related claims
If you’re looking for more information on medical negligence compensation claims, we have a wealth of knowledge from our expert team compensation lawyers for you to explore.We’re here to help
Contact us today for free online claim checker and we can help get your life back on track.