In the United States, hospitals are entrusted with providing proper and timely care to their patients. Unfortunately, there are instances when patients do not receive the adequate attention or treatment they deserve, which can lead to further injury, complications, or even death. When a hospital fails to provide the expected standard of care, patients or their families may have legal grounds to file a lawsuit for medical negligence. This article explores whether you can sue a hospital for lack of care, the legal basis for such lawsuits, and the critical elements required to establish liability.
Legal Basis for Suing a Hospital for Lack of Care
A patient or their family may sue a hospital for lack of care under the theory of medical malpractice or medical negligence. Medical malpractice occurs when a healthcare professional or facility fails to provide the standard of care that a reasonably competent provider would have given under similar circumstances. To succeed in such a lawsuit, the plaintiff (the patient or their family) must demonstrate that the hospital’s inadequate care directly caused harm or injury.
In California, medical malpractice cases, including those involving hospitals, are governed by the California Code of Civil Procedure Section 340.5, which outlines the statute of limitations for filing such claims. According to this law, plaintiffs have one year from the date they discovered the injury or three years from the date of the incident to file a lawsuit, whichever comes first (California Code of Civil Procedure, 2021).
Elements of a Medical Malpractice Lawsuit Against a Hospital
For a lawsuit against a hospital to be successful, several elements must be proven:
- Duty of Care: The hospital had a legal obligation to provide care to the patient. This duty is typically established when a patient is admitted to the hospital or seeks treatment from its staff.
- Breach of Duty: The hospital failed to provide the appropriate standard of care. This can include instances of understaffing, failure to monitor a patient’s condition, or delayed medical intervention.
- Causation: The breach of duty directly caused harm or injury to the patient. The plaintiff must prove that the lack of care was the proximate cause of the injury or worsening condition.
- Damages: The plaintiff must demonstrate that the patient suffered actual harm or damages due to the hospital’s negligence. This can include physical injuries, emotional distress, medical expenses, or loss of income.
Common Examples of Hospital Negligence
Several scenarios can lead to a claim of medical malpractice against a hospital. Below are common examples of hospital negligence that could justify a lawsuit:
1. Failure to Monitor Patients
Hospitals have a duty to monitor patients continuously, especially in critical care or post-surgery situations. Failing to observe a patient’s vital signs or ignoring warning signs of deterioration can result in preventable complications. For instance, a hospital might be held liable if a patient’s oxygen levels drop significantly, leading to brain damage, and the nursing staff failed to act promptly. See California failure to monitor malpractice lawyer.
2. Delayed Treatment
When hospitals delay necessary treatments or procedures, patients can suffer severe consequences. Delayed surgery, failure to administer timely medications, or postponing necessary diagnostic tests can exacerbate a patient’s condition. If a patient’s health worsens because a hospital did not provide prompt care, the hospital could be held responsible. See California delayed treatment malpractice lawyer.
3. Inadequate Staffing
Understaffing in hospitals is a common issue that can lead to substandard care. Overworked or fatigued healthcare professionals are more likely to make mistakes, overlook critical symptoms, or fail to deliver the required level of care. Hospitals are responsible for ensuring that there are enough qualified staff members to handle the volume of patients safely.
4. Inadequate Training or Supervision
Hospitals are also responsible for ensuring that their staff, including nurses, technicians, and support staff, are properly trained and supervised. If a hospital fails to provide adequate training or fails to supervise medical staff effectively, resulting in harm to a patient, it may be held liable.
5. Emergency Room Errors
Emergency rooms are often hectic environments where timely and accurate medical care is critical. If a patient is left unattended for an extended period or is not properly triaged, their condition may deteriorate, leading to significant harm. Hospitals can be sued for emergency room errors, such as misdiagnoses, delayed treatment, or failure to provide appropriate care.
6. Hospital-Acquired Infections
While infections are a known risk in healthcare settings, hospitals have protocols in place to minimize the spread of infections. If a patient contracts an infection due to poor hygiene practices, inadequate sterilization of equipment, or negligence in preventing the spread of infectious diseases, the hospital may be liable for the resulting harm.
Can You Sue a Hospital for a Doctor’s Negligence?
In certain cases, hospitals can be held accountable for the negligence of doctors working within the facility. However, it is important to note that not all doctors are employees of the hospital. Many physicians, including surgeons, are independent contractors with hospital privileges. When a doctor is an independent contractor, the hospital may not be directly liable for their actions unless it can be proven that the hospital was negligent in hiring, retaining, or supervising the physician.
For instance, if a hospital knowingly allows a doctor with a history of malpractice to continue practicing within its facility, and that doctor’s negligence leads to harm, the hospital could share liability for the patient’s injuries.
Notable Medical Malpractice Settlements Involving Hospitals
Hospitals across California have faced substantial settlements for negligence and lack of care. Below are examples of significant settlements:
- $10 Million Settlement: A Los Angeles hospital was sued after a patient died from untreated sepsis due to delayed medical intervention. The hospital settled for $10 million.
- $7.5 Million Settlement: A San Diego hospital reached a $7.5 million settlement after failing to diagnose and treat a stroke in time, resulting in permanent disability.
- $6 Million Settlement: A hospital in Northern California paid $6 million to the family of a patient who suffered brain damage after a delayed response to a heart attack.
- $5.8 Million Settlement: A hospital was held liable for understaffing its emergency room, resulting in delayed treatment for a car accident victim who later died from untreated internal injuries.
- $5.5 Million Settlement: A Fresno hospital settled for $5.5 million after a misdiagnosis led to an untreated infection that caused the patient to go into septic shock, resulting in permanent organ damage.
- $5 Million Settlement: A hospital in San Francisco was sued for delayed treatment of a ruptured appendix. The patient developed a severe infection that resulted in multiple surgeries and long-term complications, leading to a $5 million settlement.
- $4.8 Million Settlement: A Southern California hospital paid $4.8 million in a wrongful death lawsuit after failing to monitor a patient properly following surgery, resulting in undetected internal bleeding and death.
- $4.5 Million Settlement: A medical malpractice lawsuit was filed against a Los Angeles hospital after a newborn suffered brain damage due to a delayed cesarean section. The hospital settled for $4.5 million.
- $4.2 Million Settlement: A Bay Area hospital agreed to pay $4.2 million after a patient developed life-threatening complications from anesthesia errors during surgery, leading to long-term disability.
- $4 Million Settlement: A Riverside hospital was held liable for failing to diagnose and treat a severe allergic reaction, resulting in permanent neurological damage to the patient. The case was settled for $4 million.
- $3.8 Million Settlement: A Ventura County hospital paid $3.8 million after a misdiagnosis of a blood clot led to a stroke that left the patient paralyzed on one side of their body.
- $3.5 Million Settlement: A Central California hospital reached a $3.5 million settlement after an elderly patient died from dehydration and neglect while under the hospital’s care.
- $3.3 Million Settlement: A malpractice case against a Sacramento hospital was settled for $3.3 million after the patient suffered irreversible vision loss due to untreated glaucoma during a prolonged hospital stay.
- $3 Million Settlement: A San Diego hospital was sued for failing to monitor a patient recovering from surgery, resulting in a life-threatening infection. The hospital settled for $3 million.
- $2.8 Million Settlement: A Los Angeles hospital paid $2.8 million to the family of a patient who died from undiagnosed internal bleeding following a routine surgery.
Role of a California Medical Malpractice Lawyer
Filing a lawsuit against a hospital for lack of care can be a complicated process, especially when it involves complex medical issues and hospital protocols. A California medical malpractice lawyer can help by:
- Investigating the circumstances surrounding the hospital’s lack of care and determining whether negligence occurred.
- Gathering medical records, expert opinions, and evidence to support the claim.
- Filing the necessary paperwork within the statute of limitations and handling negotiations with insurance companies.
- Representing the plaintiff in court if the case goes to trial.
A skilled attorney ensures that victims or their families receive the compensation they deserve for medical expenses, lost wages, pain and suffering, and other damages.
Conclusion
Suing a hospital for lack of care is possible under California law, provided that certain legal requirements are met. Hospitals have a responsibility to provide a standard level of care, and when they fail to do so, patients can suffer devastating consequences. By working with an experienced medical malpractice attorney in San Diego, patients and their families can hold hospitals accountable and seek the justice and compensation they deserve.
References
- California Code of Civil Procedure Section 340.5. (2021). Retrieved from https://leginfo.legislature.ca.gov
- Centers for Disease Control and Prevention (CDC). (2020). Hospital-acquired infections. Retrieved from https://www.cdc.gov
- Office of the Attorney General California. (2021). Medical malpractice settlements. Retrieved from https://oag.ca.gov