Introduction to Hospital Malpractice

Hospital malpractice is the negligent act or omission of a healthcare provider in a hospital setting that results in injury or death to a patient. Medical malpractice can take many forms, including misdiagnosis, delayed diagnosis, medication errors, and surgical errors. In the United States, medical malpractice cases are one of the leading causes of death and injury.

Unfortunately, it is not easy to sue a hospital for malpractice. This is because hospitals have a lot of resources and money on their side, making it difficult for a patient to win a medical malpractice lawsuit. That is why it is important to have a medical malpractice attorney on your side who can help you through the process.

What is Hospital Malpractice?

Hospital malpractice is a form of negligence. It occurs when a healthcare provider fails to provide a patient with the standard of care that is expected of them. This can include misdiagnosing a patient, failing to provide the proper treatment, or making a mistake during surgery.

When a patient suffers an injury or death due to a healthcare provider’s negligence, they may be entitled to compensation through a medical malpractice lawsuit. To prove that a healthcare provider was negligent, the patient must show that the provider did not meet the standard of care that was expected of them. This is a difficult task and is often made even more difficult when dealing with a large hospital.

Common Types of Hospital Malpractice

Many different types of medical malpractice can occur in a hospital setting. Some of the most common types of hospital medical malpractice include:

• Misdiagnosis or Delayed Diagnosis: This occurs when a healthcare provider in a hospital setting fails to properly diagnose a patient’s condition or fails to diagnose it promptly.
• Medication Errors: This occurs when a healthcare provider prescribes the wrong medication or the wrong dosage of a medication to a patient.
• Surgical Errors: This occurs when a healthcare provider makes a mistake during a surgery that results in injury or death to the patient.
• Birth Injuries: This occurs when a healthcare provider fails to provide the proper care to a mother or newborn during delivery, resulting in injury or death.

Signs of Medical Malpractice

When it comes to medical malpractice, there are certain signs to look out for. If you or a loved one has experienced any of the following, it is important to speak to a medical malpractice attorney right away:

• Unexpected complications or worsening of symptoms
• Unusual pain or discomfort
• A feeling of confusion or being ignored by the healthcare provider
• Unusual or prolonged recovery
• A sudden or unexpected death

How Do You Sue a Hospital?

When it comes to suing a hospital, the first step is to speak to a medical malpractice attorney. An experienced medical malpractice attorney will be able to evaluate your case and determine if you have a valid claim. If they believe you do, they will be able to help you through the process of filing a lawsuit.

The process of suing a hospital is complex and requires a thorough understanding of medical malpractice law. Your medical malpractice attorney will be able to guide you through the process and help you understand your rights. They will also be able to handle the negotiations with the hospital and its insurance company, if necessary.

What Kind of Damages Can You Receive?

When a patient is injured or killed due to medical malpractice, they may be entitled to compensation for their losses. This can include medical bills, lost wages, pain and suffering, and in some cases, punitive damages. It is important to note that not all medical malpractice cases result in compensation, so it is important to speak to a medical malpractice attorney to determine if you have a case.

What is the Statute of Limitations for Medical Malpractice Lawsuits?

According to Maryland Code, Courts & Judicial Proceedings, section 5-109 a medical malpractice claim must be filed within five (5) years of the time the injury was committed or three (3) years of the date the injury was discovered.

Questions to Ask a Medical Malpractice Attorney

When looking for a medical malpractice attorney, it is important to ask the right questions. This will help you find an attorney that is experienced in medical malpractice law and is a good fit for your case. Some of the questions you should ask are:

• How long have you been practicing medical malpractice law?
• What is your success rate in medical malpractice cases?
• How much experience do you have in dealing with large hospitals?
• What is your fee structure?
• Does the attorney or law firm personally handle medical malpractice claims or do they refer them out to other attorneys? Many law firms that advertise for medical malpractice claims do not personally handle them and refer them to other attorneys and simply collect a finders fee.  At Ballenger & Roche the partners personally handle your medical malpractice claim from start to finish.

What Types of Damages Can Be Recovered in a Medical Malpractice Lawsuit?

When it comes to medical malpractice lawsuits, the type of damages that can be recovered depends on the specifics of the case. Generally speaking, a patient can recover compensation for medical bills, lost wages, pain and suffering, and in some cases, punitive damages. It is important to speak to a medical malpractice attorney to determine what type of damages you may be entitled to.

Conclusion

If you or a loved one has suffered an injury or death due to a healthcare provider’s negligence, it is important to speak to an experienced medical malpractice attorney right away. The experienced and knowledgeable medical malpractice attorneys at Ballenger & Roche can help you understand your rights and determine if you have a valid claim. They can also help you through the process of filing a lawsuit and negotiating with the hospital and its insurance company.

Suing a hospital for medical malpractice is not easy, but it is possible. With our help, you may be able to get the compensation you deserve. So, if you or a loved one have been injured due to medical malpractice, don’t hesitate to contact us today. We can help you get the justice you deserve.