Hospitals bear a duty to exercise reasonable care when hiring and supervising employees, including physicians, residents, interns, and other personnel such as nurses, aides, and technicians. Any medical provider at a hospital could commit malpractice by negligently failing to use a reasonable standard of care that another professional in the field would.

If you sustained injuries because of a hospital employee’s negligence, consult with a seasoned Poughkeepsie hospital negligence lawyer right away. A dedicated medical malpractice attorney could help determine if you have a viable hospital negligence case and pursue the compensation you need to cover related bills.

How Hospital Negligence Occurs

Hospitals are responsible for their employee’s actions. As such, when an employee acts negligently or recklessly, the hospital may be liable for resulting damages. For example, a hospital could be found liable if someone was injured because of any of the following:

  • Emergency room errors
  • Negligent hiring practices or inadequately trained staff
  • Understaffing
  • Insufficient supervision
  • Medication errors
  • Failure to monitor patients following surgery
  • Not reporting vital information to doctors
  • Nursing negligence

Filing a Poughkeepsie Hospital Negligence Claim

To present a valid lawsuit on behalf of the claimant, a Poughkeepsie hospital negligence lawyer must prove that negligent actions of the hospital or hospital employees directly caused the plaintiff’s injuries. In addition, the victim must have incurred economic and non-economic damages to have a successful claim.

Economic damages are any financial strains experienced by the victim as a result of the injuries sustained such as medical costs or lost wages. Non-economic damages generally refer to lasting emotional or physical distress due to the injury.

Because hospital negligence cases are often complicated, it is vital that victims retain a skilled attorney to safeguard their rights, investigate the injury, consult medical experts, collect and review records, and assess monetary damages that might be awarded. With this information and advocacy, injured parties could pursue the maximum amount of compensation they are entitled to.

How Do Comparative Fault Laws Impact Hospital Malpractice Lawsuits?

In New York, if an individual’s case proceeds to trial and the judge or jury finds that they are partially liable for their injuries, damage awards will be decreased proportionally to the plaintiff’s degree of fault. However, partial responsibility for the incident will not bar the victim from pursuing or collecting compensation. A lawyer with experience handling medical malpractice cases in Poughkeepsie could analyze how much an injured party may be able to recover based on the distribution of fault.

Is There a Deadline to File a Poughkeepsie Hospital Negligence Case?

New York law provides victims of hospital negligence two years and six months from the date of the incident to present a lawsuit, or risk having the case dismissed. According to New York Civil Practice Laws and Rules §214-A, exceptions may apply to this statutory deadline.

If a foreign object such as a surgical instrument or sponge was left in the victim’s body, they must file a lawsuit within one year of discovering the foreign object or when they reasonably should have discovered the object.

Available Compensation for a Hospital Negligence Claim

There are different types of monetary compensation that could be available to someone with a hospital negligence claim in Poughkeepsie. Given the severe nature of this type of negligence, the compensation involved in theses cases could be substantial.

Lost Wages

When hospital negligence results in a severe illness or injury, it can leave a person unable to return to work for days, weeks, or even longer. For many people, this represents a sudden and unexpected loss of income. A negligence claim could help a patient replace the lost wages that stem from hospital negligence.

Medical Bills

Medical expenses are a major factor with any hospital negligence claim. It could be possible for the patient that suffers negligence to seek financial compensation for any additional treatment required due to the hospital negligence. What is more, they could also recoup the cost of additional treatment related to their underlying health issue if it was not resolved properly.

Pain and Suffering

Hospital negligence can result in severe physical pain. This pain and suffering could be permanent if the error resulted in nerve damage or other forms of chronic pan. Financial compensation could be available for the pain and suffering that a patient experiences. This form of compensation can be subjective, as there is no simple way to quantify pain. However, the extent of a person’s medical bills is often used as a starting point to determine the value of a pain and suffering claim.

Wrongful Death

If hospital negligence results in the death of a person, their family could be entitled to financial compensation as well. These wrongful death claims provide surviving relatives an opportunity to hold the negligent medical facility accountable for their actions.

Methods for Resolving Hospital Negligence Cases

In general, there are two ways to secure a positive outcome in a hospital negligence case. The first of these options involves obtaining a monetary settlement from the hospital or its insurance carrier. The second option involves pursuing a civil lawsuit and obtaining a verdict at trial.

It is unusual for a hospital negligence lawsuit to go to trial. Most of the time, the two sides reach a negotiated settlement and resolve the case with little if any litigation. Hospitals carry robust insurance policies, and these insurance providers have ample assets to pay out on a negligence claim.

Settlements might be common, but receiving a fair settlement offer right away rarely is. Most of the time, insurance companies will attempt to aggressively push inadequate settlement amounts in the hope that they are able to save money on a claim. The aggressive pursuit of fair compensation by a Poughkeepsie hospital negligence attorney could show these insurance carriers that bullying tactics will not be effective.

As common as settlements might be in these cases, sometimes a trial is unavoidable. This is often the case when the facility responsible for the negligence denies any liability. If a case goes to trial, the best possible outcome is a jury verdict in the patient’s favor.

Contacting a Poughkeepsie Hospital Negligence Attorney

If you or a loved one has suffered due to negligence at a hospital or medical facility, it is critical to seek qualified legal advice as soon as possible. Contact a Poughkeepsie hospital negligence lawyer today to find out what compensation you may be entitled to.