When Can a Patient Sue a Health Care Facility for Medical Malpractice?
Medical malpractice in the legal context is not limited to lawsuits against doctors and nurses. It also applies to health care facilities where alleged malpractice took place. Victims that have been injured due to the negligence of hospital staff can sue the health care firm to compensate them for their damages.
Not many people in the US know about situations when a health care faculty can be sued in court for medical malpractice. In this article, we will find out about cases when a person can sue a health care facility for negligence that lead to the serious injury or death of another person.
Medical Malpractice: The Basics
A person can initiate a medical malpractice case against a health care facility in certain situations. The following are the three key factors of a medical malpractice claim:
- The health care facility had the duty to provide reasonable care,
- The facility failed or neglected to ensure safety of the patient, and
- The negligence resulted in the injury or death of a person.
The above three factors must be present to bring a medical malpractice claim in court. Also, the burden to prove the claim rests entirely on the plaintiff. This simply means that the plaintiff must prove to the court that the medical staff at the health care facility acted negligently, which resulted in the injury or death.
Hospitals have a duty to their patients to provide safe and professional medical treatment. The law requires hospital staff to perform their duties in a way that does not result in any harm to the patient. If medical staff act negligently in providing care to a patient, both the health care facility and the negligent staff can be held responsible for any personal injury.
Doctors, nurses and other medical professionals such as pharmacists, medical technicians, and support staff are required to provide a level of care that is appropriate to their experience and education. If they are found to have acted unprofessionally, and that their actions resulted in the injury of another person, the health care facility and employee(s) can be charged with a crime.
In the end, remember that the plaintiff that brings a case against the medical facility must show that the medical staff breached the duty of providing professional health care.
Also, keep in mind that some medical staff members are independent contractors; they are not permanent employees of the health care facility. So, in such a situation you will need to bring a case directly against the guilty medical professional instead of the health care faculty. A professional personal injury lawyer can assess the condition and help you successfully bring a medical malpractice case to court.