Every medical facility owes its patients a certain level of care. It is their responsibility to provide a good quality service to their patients. Sick people trust that their GPs will help them get better when they visit the hospital, but sometimes the reverse is the case when things go wrong. In order to be successful in a hospital negligence case, all of these elements must be factored into your case.
The plaintiff must have been owed a duty of care, the obligation of rendering care to the patient was neglected which caused an injury or harm. Although hospitals are not liable for negligence caused by non-employed medical professionals.
Medical negligence and malpractice can result from hospital negligence or a neglect on the part of its staff or health care provider. Hospital negligence occurs when a hospital provides substandard care to a patient caused directly by the hospital, health care service or members of its staff.
If a hospital offers a treatment to patients in an unprofessional manner and it causes injury or suffering to the patient. This can result in suing a hospital for negligence. Any omission by a hospital that falls below the standard of care leading to injury or loss. Hospital negligence cases may also lead to serious medical malpractice from their employees.
What Qualifies As Hospital Negligence?
The death of a patient while receiving treatment at the hospital does not equate hospital negligence. Hospitals are only liable when doctors or healthcare professionals are direct employees to the hospital. A careless act that would have been easily avoided leads to loss of life and life changing injury to patients, a patient can sue the hospital for incompetency. Violation of duty care by a medical professional in treating patients that eventually results in harm or loss can be seen as negligence.
- When a hospital employee fails to take appropriate patient’s history. Incompetence during treatment can lead to unnecessary medical mistakes.
- Negligent hiring by a hospital. Inadequate staffing can cost a hospital a lot of unnecessary medical mistakes. If a patient is not given adequate care during treatment due to lack of medical personnel and he falls into harm in the process, this can lead to hospital negligence claims.
- Patient’s Confidentiality is breached. Exposing or losing a patient’s record can land a hospital in medical negligence. Mismanagement increases the likelihood of falling into medical negligence by a healthcare provider.
- Not obtaining a patient’s consent before surgical procedures.
- Failure to refer or transfer patients to specialists when needed can amount to negligence.
- Wrong amputation of a patient’s limb can lead to serious negligence claim and medical malpractice.
- Giving wrong advice to patients. When a medical doctor fails to advise or warn patients of side effects but goes ahead with treatment and it causes injury, this can also amount to professional negligence.
What Evidence Do You Need?
Sometimes it can be difficult to prove hospital negligence, to know if the injury was as a result of an underlying ailment or a direct harm from a negligent act itself. Hospital negligence cases can sometimes be one of the hardest to win, unless you have a strong case.
Suing a hospital for pain and suffering will require enough proof. This evidence must be present and provable in order to process your claim. Once you can prove medical negligence, you may be entitled to claim compensation.
You will need medical records, written statements from you, written statements from expert witnesses, records of appointments with medical technicians, doctors etc. You also need to provide receipts for medical expenses and any other valuable information that can help you with your claim. Our medical Negligence solicitors will help investigate your hospital negligence claims with all your evidence provided.
So, How Do You Prove Hospital Negligence?
A hospital employee can injure a patient through a negligent act, medical error, or omission, thereby landing their employee in a negligence claim. However, determining if they were really careless in carrying out their duty may require some proof. There are four Legal components of hospital negligence in any healthcare system.
The victim of negligence must show that the medical doctor or healthcare professional acted in a careless manner while treating the patient, and this neglect caused injury to the patient. The victim must be able to prove these four legal aspects:
1. An Obligation Of Care By The Medical Professional.
2. Neglect In The Obligation Of Care.
3. Loss Or Injury Caused By The Neglect. ( Causation)
4. The Neglect Resulted In Damages.
No Win No Fee Hospital Negligence Claim
Hospital negligence occurs when a hospital employee harms a patient through a negligent behaviour, error, or omission. If your loved one has been injured as a result of carelessness of a medical practitioner during their treatment at the hospital, they can sue the hospital. We know how devastating it can be to live most of your life in pain because of an error that could have been avoided by a healthcare provider.
The good news is that you do not have to suffer alone, we have a team of experienced lawyers who can help you make a claim against the hospital on a no win no fee basis. Proving whether a hospital or a doctor was ultimately responsible can be a daunting task, and must be done by the assistance of our experienced medical negligence direct lawyers.
