| Read Time: 4 minutes | Medical Malpractice
can you sue a hospital

When you go to the hospital, you expect to be treated with quality care. However, this is not always the case. If you are experiencing symptoms after a hospital visit, you may wonder if you can sue a hospital. In this article, we will answer that question and explore what you need to show to establish that the hospital was negligent. This way, you can be more informed before bringing your legal claim. 

Before we get into the legal options, know that Baird Mandalas Brockstedt & Federico, LLC, is here to help you. Our firm has experienced lawyers who can help you sue the hospital that provided you with negligent care.

We can also help you maximize the amount of compensation that you may be able to receive. We have already helped hundreds of clients get the compensation they deserve, and we are ready to help you too. 

Examples of Why People Sue Hospitals 

When you receive sub-par treatment at a hospital, it may be possible to sue the hospital for damages. Below are some of the most common reasons hospitals get sued. 

Misdiagnosis or Delayed Diagnosis 

When a hospital fails to timely diagnose a patient, the consequences can be deadly. Similarly, when hospital staff misdiagnoses a patient’s condition, the patient can suffer serious harm and worsened health outcomes. If the hospital was negligent in its misdiagnosis or delayed diagnosis, you likely have a claim against the hospital. 

Surgical Errors 

Surgical errors happen more often than you may think, with almost 4000 occurring each year in the United States. Surgical errors can lead to serious complications, and they may be considered medical negligence. 

Medication Errors

Receiving the wrong medication or the wrong dose of medication can be life-threatening. Mistakes in prescribing, monitoring, and administering medications are often the basis for malpractice claims. 

Birth Injuries 

Birth injuries are injuries that occur during childbirth, and they can affect either the mother or the baby. Birth injuries can be any type of injury, from a broken bone to a bruise.

Sometimes, during the delivery process, mothers are given inadequate care. When this happens, it puts both the mother and baby at risk unnecessarily, and it can lead to serious complications. If medical negligence was the cause of a birth injury, it opens up the hospital to a medical lawsuit. 

Establishing Hospital Negligence 

If you are going to sue a hospital for malpractice, you will have to be able to prove the four essential elements of a negligence case. These elements are: 

  • Duty – that the hospital owed you a duty of care;
  • Breach – that the hospital failed to provide the adequate standard of care;
  • Causation – that the hospital’s breach of duty caused your injury; and 
  • Damages – that you suffered losses, either tangible or intangible, as a result of your injury. 

Establishing medical negligence is not always easy. However, an experienced malpractice lawyer can help you build the evidence you need to prove that the hospital was negligent in treating you. 

How Long Do You Have to Sue a Hospital For Negligence?

In Maryland, the amount of time you have to sue a hospital for negligence is governed by the State’s statute of limitations on medical malpractice. In the case of medical malpractice, Maryland law states that the patient must sue within the earlier of either three years of the date the injury was discovered or five years after the injury was committed.

Damages in a Hospital Medical Negligence Suit 

When you sue a hospital for medical negligence, you can seek something called damages through the suit. Damages are a form of monetary compensation that is paid to the plaintiff in the lawsuit. Generally, there are two types of damages in a medical negligence suit: economic and non-economic damages. Below, we go over each type in more detail. 

Economic Damages 

Economic damages, or pecuniary damages, reimburse you for specific monetary losses that were incurred due to the defendant’s negligence. Economic damages intend to compensate you for your easily quantifiable losses. Some examples of economic damages include: 

  • Hospital bill costs, 
  • Doctor’s visit costs,
  • Costs of treatment,
  • Costs of medication,
  • Lost wages, and 
  • Lost future earnings. 

As you can see, these damages are fairly easy to calculate in terms of their monetary value. To recover these damages, you will need to have sufficient proof and evidence to support your claim. 

Non-Economic Damages 

Non-economic damages, otherwise known as non-pecuniary damages, are a bit different from economic damages. While economic damages are quantifiable in nature, non-economic damages are more subjective. This type of damages is intended to compensate you for your intangible losses. Some examples of non-economic damages in a hospital lawsuit include: 

  • Pain and suffering,
  • Emotional distress, 
  • Lost earning potential, 
  • Permanent or temporary disfigurement, 
  • Inconvenience, 
  • Loss of consortium, and
  • Loss of enjoyment of life. 

Because these damages are highly subjective, you will want an experienced attorney on your side to maximize the amount that you may be able to receive. If you are curious about the value of your claim, your lawyer should be able to give you a rough estimate during your consultation. 

Baird Mandalas Brockstedt & Federico Is Here To Help You 

If you were injured or developed complications after a visit to the hospital, we want you to know that you are not alone. At Baird Mandalas Brockstedt & Federico, we have award-winning attorneys with the tools to stand up for your legal rights. We have significant experience dealing with hospital lawsuits, and we can handle even the most complex litigation cases. 

In addition, because we know how financially stressful these times can be, we offer free consultations to our potential clients. To contact our office and see if you qualify for a free case evaluation, you can reach out online or by phone at 410-421-7777

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Author Photo

Phil Federico is a partner at Baird Mandalas Brockstedt & Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.

Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.

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