(845) 818-0668Hospital negligence is a type of medical malpractice resulting in severe or life-threatening complications. Anyone who has direct contact with a patient in Schenectady could commit medical malpractice including doctors, surgeons, anesthesiologists, nurses, and physician’s assistants. If you have experienced this type of treatment after going to the hospital for help, a Schenectady hospital negligence lawyer could help you determine if you have a valid claim. A seasoned medical malpractice attorney could guide you through any laws applicable to your case and evaluate the strength of your claim.
Common Forms of Hospital Negligence
In most cases, hospital employees provide excellent care to their patients and facilitate recovery. However, patients might receive negligent or abusive care, causing increased suffering or even death. Common forms of hospital negligence include:
- Bedsores
- Amputation of the wrong body part or infection from amputation
- MRSA, MSSA, Clostridium Difficile, or other infections
- Failure to monitor the individual’s fluid levels or order the correct diagnostic tests
- Improper supervision or treatment for the individual’s condition
- Making the patient wait too long in the emergency room
- Surgical errors (wrong site of surgery or wrong procedure performed)
- Any failure to meet the duty of care
What is the Process for Suing for Hospital Negligence?
State law establishes a deadline for victims to file a claim. This deadline, specified in the statute of limitations, requires the plaintiff to file their action within two and a half years of the date of the injury.
If a victim brings an action after the deadline has passed, the court could dismiss their case with no possibility of compensation. However, the statute of limitations time frame does not start until the injury has been, or reasonably should have been, discovered.
Establishing Liability in a Hospital Negligence Case
A hospital negligence lawyer in Schenectady could file a medical malpractice lawsuit for a victim against a licensed healthcare provider based on their misconduct, errors and omissions, negligence, or breach of contract in rendering medical services, nursing services, or any health-related services. The parties responsible could be any organization or employee involved in the victim’s care.
When presenting a hospital negligence claim against a healthcare provider, the plaintiff must prove the following:
- The health care provider did not exercise the degree of skill, learning, and care that is consistent with industry standards
- That failure to act was the proximate cause of the individual’s injuries
Pure Comparative Fault and Recovering Compensation
The state uses the doctrine of pure comparative fault when awarding compensation in hospital negligence cases. According to this doctrine as defined by New York Civil Practice Law & Rules Section 1411, the injured party may recover for damages proportional to their own fault in the incident. Even if the victim is mostly at fault for the injury, they could potentially recover damages for any portion of fault that is not theirs.
Are There Limits on Financial Damages Against Hospitals?
The state does not place a limit on the damages a plaintiff may recover in hospital negligence cases. There are two main types of compensation a Schenectady hospital negligence attorney could help an injured victim obtain. These damages are compensatory damages and punitive damages. Compensatory damages are further divided into economic and non-economic damages.
Economic damages are intended to reimburse the injured party for expenses easily be accounted for, such as medical costs, nursing bills, prescription fees, physical therapy costs, and lost wages. Non-economic damages compensate for losses that are difficult to quantify like pain and suffering, loss of enjoyment of life, future medical costs, and future lost income.
Additionally, state law permits courts to award punitive damages as well as compensatory damages when the defendant’s actions are particularly egregious. Punitive damages are designed as punishment for the defendant and to deter future misconduct rather than compensate the injured party.
Find the Best Schenectady Hospital Negligence Attorney
If you have been injured as the consequence of a healthcare provider’s negligence, you should not have to suffer in silence. You may be entitled to monetary compensation for your physical, emotional, and financial losses. Contact a Schenectady hospital negligence lawyer today to arrange an initial case evaluation.