The way things used to work is that patients would visit the hospital for an ailment, get treated for it, then be released to go home. Sadly, it’s not uncommon for patients who are fortunate enough to leave the hospital nowadays to tell stories about how they overcame their initial illness and a subsequent one that they picked up during their stay — often called a “hospital-acquired infection.”
This example is just one of many that may result in a patient suing a hospital for their workers’ negligence.
When can a patient hold a medical center liable for their workers’ actions?
While a hospital may require a doctor to procure and maintain their malpractice insurance, some of its many other workers, including nurse practitioners, physician’s assistants, nurses and respiratory therapists, may not be required to do the same. These professionals are, in most cases, covered by the hospital’s insurance policy.
Patients often sue a hospital for these professionals’ negligence in response to various situations. They may do so if a nurse doesn’t adequately carry out their role during a surgical procedure, resulting in an adverse outcome. A patient may also file a lawsuit against a hospital if their nurse fails to follow a doctor’s orders.
A patient can also file a lawsuit against the medical center if they suffer an adverse event due to limited, improperly vetted or inadequately trained staffing.
What do you need to understand about medical malpractice claims?
It’s every doctor and medical provider’s obligation to provide their patients with a certain standard of care. A plaintiff may not have a valid medical malpractice claim if their health care provider rises to that standard and there’s still a poor outcome. Plaintiffs can sue their medical providers when there’s clear proof of negligence, however.
Talk to a New Jersey attorney about your situation to learn if a medical malpractice claim is viable.