Medical negligence occurs when a healthcare provider fails to provide the expected level of care, resulting in harm to a patient. If you did experience medical negligence in a hospital or medical institution, what parties are named in your lawsuit will depend on the circumstances behind your injury. This makes it essential that you speak with a medical malpractice attorney fromMarzella & Associates who understands the intricacies of medical malpractice law.
Defining Medical Negligence
Medical negligence, or malpractice, occurs when a healthcare provider or medical facility fails to deliver an acceptable level of care to a patient. The deviation from care may be an act or omission. However, you must suffer harm, resulting in compensable losses. In a medical negligence case, these losses or damages often include revision surgeries or medical treatments, lost wages, rehabilitative therapies, pain and suffering, and mental anguish.
Determining whether a physician or another member of the medical team fell below the standard of care can be complicated. This standard is assessed on a case-by-case basis. If a medical staff member failed to act as a person with the same training would have under the circumstances, there has likely been a deviation from the standard of care.
Determining if You Should Sue a Physician or Hospital
When Can I Sue Medical Staff?
In 2023, the Commonwealth paid out over $459 million in medical malpractice claims. Hospitals rely on various staff to perform specific duties to ensure patients’ needs are met. Unfortunately, sometimes a staff member may overlook a sign that something is wrong or may fail to follow protocol, causing the patient injury. When a misdiagnosis, surgical error, or prescription error occurs, it is typically due to a medical team member’s negligence.
When Can I Sue the Hospital?
If your injury or physical deterioration was caused by improper sterilization of equipment, mixing up patient charts, or inadequately trained staff, then the hospital may be found liable. While switching patient charts may not seem like a big deal, if both individuals are undergoing the same procedure, it becomes a major issue. This type of systematic error is why hospitals institute “time-outs,” which require staff to pause before operating and say the patient’s name and the procedure aloud. While these types of precautions do help avoid many errors, they cannot prevent all of them.
Can I Sue Both a Physician and a Medical Facility?
In some situations, you can act against both your doctor and medical facility. This could occur if both parties were negligent. For example, if the treating physician failed to order appropriate testing in combination with the medical facility failing to monitor your condition, then you can name both the physician and hospital as defendants in your malpractice suit. If the physician or medical staff member is a hospital employee, then you would name the hospital as part of the suit, even if the facility did nothing wrong. Thankfully, a Harrisburg medical malpractice lawyer can assess the physician’s or medical staff member’s employment status to determine the best course of action.
Reach Out to Our Malpractice Attorneys Today
If you have been injured due to the negligent actions of a hospital staff member or a medical facility, or both, Marzella & Associates would like to assist you in filing your claim. Evidence in a medical negligence claim is highly scrutinized, making it essential that you hire an experienced medical malpractice lawyer. Acquiring experienced representation can make all the difference in a successful outcome. To arrange your free consultation with one of our Harrisburg medical malpractice lawyers, contact us online or call (717) 876-8681 today.