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Strauss, Jeffrey E. Esq.
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  5. When can the hospital be liable for medical malpractice?

When can the hospital be liable for medical malpractice?

On Behalf of Strauss Law Offices, LLC | Oct 3, 2022 | Medical Malpractice

When you check in at the hospital for treatment, you trust that the healthcare professionals who will attend to you are qualified, duly licensed to practice and capable of giving you the care you deserve. And more often than not, they are. However, if a healthcare provider makes a mistake that leads to an avoidable injury or illness, you may be eligible for the resulting damages through a medical malpractice lawsuit. 

But who exactly can you hold liable?

You can hold the hospital liable for its actions just as you would an individual or any other entity. That said, whether you can file a medical malpractice lawsuit against the hospital depends on the circumstances of your case. 

The hospital has a duty of care to you as a patient

As a patient, the facility owes you a duty of care to provide the treatment and facilities necessary for your recovery. This means that the hospital must operate at a level that meets the medical community’s standards for best practices. Here are some of the factors that may contribute to hospital negligence and, hence, liability for your injuries:

When the hospital hires unqualified staff – The hospital has a duty to screen and hire qualified and duly licensed healthcare practitioners. If an unqualified doctor attends to you, resulting in injuries, then you can hold the hospital to account. 

When the hospital is understaffed – Understaffing is a major contributing factor to human errors that lead to medical malpractice. If doctor fatigue leads to a mistake that resulted in your injury, then you can sue the hospital for the resulting damages. 

Medical malpractice can result in serious injuries. Find out how you can safeguard your rights and interests while pursuing the hospital for damages in a medical malpractice lawsuit. 

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