Can You Sue a Hospital for Negligence?

When you go to the hospital because you are sick, injured, or need a procedure, you expect to get the highest quality of care. Unfortunately, this does not always happen. In some cases, a patient leaves a hospital sicker or more badly injured than they were before they arrived.

In Florida, hospitals can be sued for medical negligence if they failed to meet the standard of care and you were injured as a result. This can be proven through medical records, expert witness reports, and testimony from witnesses at the hospital. Our Vero Beach medical malpractice lawyers will put together a strong case and work to get you the money that you deserve for your losses.

Gould Cooksey Fennell represents individuals and families throughout Florida’s Treasure Coast region who have been hurt by the negligence of hospitals and other medical facilities. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to talk to a Florida personal injury attorney, contact our law offices today.

When Is a Hospital Responsible for Negligence?

Medical malpractice, or medical negligence, occurs when a doctor or other healthcare provider makes some type of error that harms a patient. This mistake may make an existing health problem worse or create a new injury or health issue. 

If a doctor does something wrong, such as a misdiagnosis that leads to a worsening of your medical condition, then you may be able to file a lawsuit against them for your losses. If a hospital does something wrong that causes you harm, you can also hold them liable for your injuries. In some cases, you may be able to file a medical malpractice claim against both a medical provider and a hospital.

While hospitals may not necessarily be liable for malpractice claims against individual doctors and other healthcare providers, they can be responsible for their own negligence. The key in these cases is proving that the hospital failed to meet the standard of care.

To win a hospital negligence case, you will need to introduce evidence of the following:

1. The hospital owed you a standard of care, which is defined as the level of care and decision-making that other hospitals would make in the same circumstances.
2. The hospital failed to meet that standard of care.
3. The hospital’s failure to meet the standard of care harmed you, such as a physical injury, a new or worsened illness, or any other harm that you would not have suffered if they had met the standard of care.
4. You suffered losses as a result, such as medical expenses, lost income, and pain and suffering.

So how does hospital negligence differ from medical malpractice committed by a physician or other medical provider? Generally, it involves decisions and actions taken by the institution (rather than an individual) that lead to harm. Examples include:

• Failure to maintain sanitary or sterile conditions in the hospital
• Negligent hiring, such as hiring staff without the proper licensure for their position
• Inadequate staffing, which can cause lapses in patient care due to shortages
• Negligent training, supervision, or retention, such as failing to train, more closely supervise, or terminate staff who demonstrate that they are unfit for the job

Consider a situation where a patient develops a hospital-acquired infection, like MRSA, because the hospital staff does not clean enough and does not properly use disinfectants (known as environmental cleaning). Other hospitals follow a strict protocol to prevent such infections, to the extent possible, but this hospital did not enforce standard policies and procedures related to environmental cleaning. The patient suffered permanent joint damage due to the MRSA infection. In this situation, the hospital may be liable for negligence because it failed to meet the standard of care related to providing a clean and sanitary environment for patients.

A hospital can also be held liable for other forms of negligence, such as failure to supervise. A recent example was highlighted in a ProPublica investigation of a Montana oncologist who allegedly treated patients for cancer despite these patients never being diagnosed with cancer. The hospital had been alerted to irregularities in billing and patient care, but did not revoke his privileges or terminate him until fall 2020, after years of questions and complaints. In this situation, the hospital’s inaction related to this doctor could be considered negligence.

Hospital negligence cases can often be complex. In many situations, patients may not be aware of things like inadequate staffing or a lack of training. If you were harmed after a hospital stay, reach out to our Vero Beach medical malpractice lawyers to learn more about your rights and options.

How to Sue a Hospital for Medical Negligence in Florida

In Florida, there are strict laws about medical malpractice claims. To successfully sue a hospital for negligence, you will need to introduce evidence to show the following:

1. The hospital owed you a duty of care.
2. The hospital violated that duty by failing to meet the standard of care for hospitals.
3. This violation was the direct cause of your injuries.
4. You suffered harm as a result.

The second and third elements are often the most challenging to prove. Under Florida’s malpractice laws, you cannot simply file a lawsuit against a hospital or doctor because you believe that they committed malpractice. You must have some basis for making the claim before you can file a lawsuit. 

Before filing a lawsuit, your Vero Beach medical malpractice attorney must take the following steps:

1. Conduct a pre-lawsuit investigation to verify the claim.
2. Obtain an affidavit from a medical expert stating that the at-fault hospital violated the standard of care.
3. Serve a 90-day notice to the hospital, giving them time to respond to the claim before a lawsuit is filed.

To meet the second element, you must therefore have a medical expert who will provide a statement saying that the hospital did not meet the standard of care in some way. For example, you might find an expert who can write a statement that describes the accepted standard for environmental cleaning and detail the ways that the hospital failed to meet the standard.

The third element can also be difficult to prove. The human body is complicated, and it isn’t always easy to isolate exactly what may have caused a condition to get worse or even a new condition to develop. For example, if a baby develops cerebral palsy, it may not be clear whether it was caused by a birth injury as opposed to a genetic abnormality.

At Gould Cooksey Fennell, our Vero Beach medical malpractice lawyers are highly skilled at developing the type of evidence necessary to prove your claim. This will always include your medical records, expert testimony, published guidelines on the standard of care for hospitals, and documentation of your losses. Depending on the facts of your case, it may also include other evidence, such as staffing records or testimony from hospital employees to prove your case.

For each case, our team performs a thorough investigation to not only comply with Florida law but to build the strongest possible case for compensation. We will stand by your side throughout the process, working tirelessly to get you the compensation that you deserve for your losses.

How Much Is My Hospital Negligence Case Worth?

It is often difficult to know exactly how much a personal injury case is worth. A lot depends on the facts of the case, such as the severity of your injuries and whether you will have any permanent disabilities as a result of the hospital’s negligence. The strength of the evidence will also play a role in the total value of your case.

In most medical malpractice cases, the injured party (plaintiff) can recover money for their tangible and intangible losses. These are known as economic damages and non-economic damages. Punitive damages may also be awarded in more unusual cases where the at-fault hospital (defendant) acted intentionally or recklessly.

Economic damages pay for your direct losses. They may include money for your medical bills, future medical treatment, lost wages, and reduced earning capacity. If you have any other financial losses related to the hospital negligence, such as a need for adaptive equipment or modifications to your home or car, that will also be covered by economic damages.

Non-economic damages pay for your indirect losses. These types of losses can be harder to prove, but they are just as important when it comes to making a person whole after an injury. Examples of non-economic damages include pain and suffering, loss of consortium, reduced quality of life, emotional distress, scarring, and disfigurement.

In Florida, there is a cap on non-economic damages in medical malpractice cases. For non-practitioner defendants (such as hospitals), the cap is $750,000 for most cases. This amount increases to $1,500,000 if the medical malpractice causes death, a vegetative state, or a catastrophic injury.

Finally, punitive damages may be awarded in cases where the defendant acted intentionally or recklessly. This is rare in hospital negligence cases, but punitive damages may still be possible. For example, if a hospital were aware that a nurse had lost their license but allowed them to continue to work as a nurse, it could be liable for punitive damages if a patient was harmed by this nurse. 

During a free initial consultation, our Vero Beach medical malpractice attorneys will listen to your story and offer you advice on your legal rights and options. We will also give you a ballpark estimate of the value of your case. This number could increase or decrease as the case progresses.

Most medical malpractice cases, like all personal injury claims, are resolved outside of court. Our law firm is skilled at both negotiation and litigation. If the hospital and its insurance company won’t offer you a fair settlement, then we will take your case to trial to get you the compensation that you deserve.

Help for Victims of Hospital Negligence in Florida

People go to hospitals because they need help, whether it be in an emergency, for a planned treatment, or for surgery. When hospitals fail to meet the standard of care, patients can and do get hurt. Our job as medical malpractice lawyers is to hold the hospital accountable while you focus on your healing and recovery.

At Gould Cooksey Fennell, we are fierce advocates for victims of medical malpractice and hospital negligence. We won’t back down from a fight and aren’t scared to take on large hospital systems and insurance companies. To learn more or to schedule a free consultation with a Florida medical malpractice attorney, call our law offices at 772-758-8756 or fill out our online contact form.