When you go to the hospital, you expect to be treated with the appropriate level of care. However, this is not always the case. Medical malpractice happens more often than you may think, as around 85,000 cases of medical malpractice are filed each year. Further, around one in five Americans report having suffered from a medical error.
When you receive substandard medical care in a hospital, you have the right to seek justice and compensation. At Baird Mandalas Brockstedt & Federico, LLC, we are passionate about helping victims of medical malpractice, and we can help you file a suit against the at-fault party. Our experienced malpractice attorneys have recovered hundreds of millions of dollars on behalf of our clients, and we are available to take on your case.
In this article, we will discuss what you need to show for a successful malpractice suit, and we will talk about the chances of winning a lawsuit against a physician or hospital. This will make you more informed when proceeding with your legal claim.
What Are the Types of Hospital Malpractice Cases?
The term hospital malpractice can refer to a wide range of scenarios. Below, we discuss some of the most common types of hospital malpractice cases.
Delayed Diagnoses or Misdiagnoses
Delayed diagnoses and misdiagnoses make up many malpractice cases in the United States. Both situations can lead to complications, serious injuries, and even death.
Not all misdiagnoses or delayed diagnoses constitute medical negligence, but in many cases, they do. If you believe you are a victim of a delayed diagnosis or misdiagnosis, you should consult an attorney, who will let you know if you have a case against the physician or hospital.
Surgical errors make up the majority of medical negligence cases in the U.S. A surgical error happens when a mistake is made during a medical procedure. Some common surgical mistakes are anesthesia administration errors, wrong-site operations, and foreign objects left in the body.
When you receive the wrong medication or the wrong dose of medication, the consequences can be deadly. These errors are typically preventable, and they often lead to successful malpractice cases against the hospital that treated you.
Failure to Obtain Informed Consent
When you have a procedure done in a hospital, the doctor or surgeon is legally bound to fully inform you of the benefits, risks, and alternatives of the operation. This is called informed consent. When a medical professional fails to get informed consent before an operation, this can constitute medical malpractice.
Birth injuries occur when either the mother or child is harmed during the delivery process. You might have a medical malpractice claim if the doctor fails to anticipate and respond to a potential complication. Some common errors that lead to birth injuries include the improper use of forceps, untimely Cesarean sections, and oxygen deprivation.
Proving Medical Negligence
To have a successful case against a hospital for medical malpractice, the plaintiff must demonstrate the four elements of negligence. These elements are as follows:
- Duty – that the hospital owed a duty of care to the patient;
- Breach – that the hospital failed to provide the adequate level of care;
- Causation – that the breach of duty caused the harm that the patient suffered; and
- Damages – that the harm to the patient resulted in either tangible or intangible losses.
If you demonstrate all four elements, you can likely show that malpractice occurred. An attorney can let you know if your case can meet the requirements.
Chances of Winning a Lawsuit Against a Hospital
If you are a victim of medical malpractice, you may be wondering if pursuing a lawsuit is worth the time, money, and energy. To accurately answer this question, you will need to consult with an attorney and let them know the details of your case. There are some factors that will influence your chances of a successful lawsuit, including:
- The strength of the evidence,
- The persuasiveness of any expert testimony,
- The hospital’s level of liability,
- The statute of limitations,
- The relevant filing deadlines, and
- Your choice of attorney.
One of the most important of these factors is your choice of attorney. This is why you will want to find a seasoned malpractice attorney with the tools and expertise to handle even the most complex cases.
Do Hospitals Usually Settle Out of Court?
Hospitals and their insurance companies usually prefer to settle outside of court if they believe the plaintiff will succeed in their case against them. Settling outside of court will typically reduce the time, money, and energy spent on the lawsuit. This is true for both parties.
However, not all cases settle out of court, even if the case against the hospital is likely to be successful. If you are wondering if your case will likely settle, you should ask your attorney, and they may be able to give you an informed opinion.
Baird Mandalas Brockstedt & Federico Is Here to Help You
If you were the victim of medical negligence, you might struggle physically, emotionally, and financially. At Baird Mandalas Brockstedt & Federico, we understand the pain and suffering that medical malpractice can cause, so we are here to help you stand up for your legal rights.
Our award-winning attorneys are seasoned in litigation techniques and strategies, and they can help maximize the amount of compensation you may receive. To see if you qualify for a free case evaluation, contact our office online or by phone at 410-204-2494. There are critical legal deadlines to meet in every medical negligence case, so please do not hesitate to reach out today.