(845) 802-0047When a patient suffers an injury in the hospital and caused by the negligence of a hospital employee or the institution as a whole, the injured individual could seek compensation with the assistance of a seasoned Troy hospital negligence lawyer. Injuries are often not only the fault of a negligent employee or contractor but may also be traced back to the negligence of the hospital itself.
Hospitals must ensure that the people they hire to provide patient care are fit and licensed for the job. They must also provide those providers with adequate training and education while ensuring that patient equipment is maintained and safe. A mistake in any of these areas could lead to accidents and injured patients that the hospital may be liable for. An experienced medical malpractice lawyer could fight for your right to just compensation.
Defining the Types of Negligence
Hospitals and other healthcare facilities owe a duty of care to patients seeking treatment there. When a hospital fails to meet that standard of care, the hospital may have been negligent.
Direct Negligence or Vicarious Liability
Hospital negligence is either direct negligence or vicarious liability. In direct negligence, the acts of the hospital breach a duty to the patient. Other examples of direct negligence include:
- Failing to confirm that hospital staff meet the required standards for licenses, training, and education
- Failing to ensure that non-employees, such as independent contractors or attending physicians, meet the state and professional credentials
- Losing or mishandling confidential medical records
- Hiring staff that do not pass a background test
- Failing to maintain medical equipment
With vicarious liability, an employee of a hospital performed a negligent act while working on behalf of the hospital. Hospitals are liable for the actions of their employees. Vicarious liability comes in many forms, such as:
- A medical professional administering a medication that the patient is allergic to, an incorrect medication, or an improper dosage of an ordered medication
- Surgery errors such as leaving a foreign object in the patient or operating on the wrong side of the body or wrong location
- Failure to adhere to suitable medical care standards
Who Compensates the Plaintiff for Hospital Negligence?
When hospital negligence occurs, there may be several parties liable for the victim’s injuries. In these cases, the hospital negligence lawyer in Troy would name each potentially liable party as a defendant in the case, and the court would determine which parties are liable and what proportion of damages they are responsible for.
Due to joint liability and comparative fault statutes, defendants only pay the plaintiff’s damages to their corresponding degree of fault. Joint and several liability laws apply to cases in which there was intentional or reckless wrongdoing that caused the injuries to the plaintiff.
Speak to a Troy Hospital Negligence Attorney
A Troy hospital negligence lawyer could be an advocate on your side who is fully aware of the full extent of your damages. The attorney’s goal is to receive a settlement or court award on your behalf as compensation for those damages.
Patients who decide to pursue justice in their case should schedule a case evaluation to get their case started. If you are ready to take the next step after your injuries caused by negligence, call to schedule your appointment today.