When a patient gets hospitalised, it is the duty of the hospital staff and employees to take care and perform any necessary treatment for the patient. In case of negligence which could harm or claim the life of the patient, the staff despite their high skill and practice may have to take the legal punishment. The lives of people at at the hands of the health care employees and staff. And the reason leading to medical negligence is the failure to exercise the minimum standard of care.
This means that the care does not meet the standards that reasonable professionals in the same field and community would provide. These staff members includes doctors, nurses, pharmacists, technicians and other staff as well. Hospital malpractice can result from an action taken by any member(s) of the facility or the staff or by failure to take the right action. It could includes failure to diagnose, misdiagnosis of a medical condition, failure to provide correct treatment for a medical condition, not providing the treatment in reasonable time, improper post operative care, unhygienic surroundings, lack of cleanliness, failure of the staff to treat a patient, failure to monitor or stabilize a patient’s condition, failure to refer patients to appropriate specialists, failure to order the necessary diagnostic tests, improper treatment such as the incorrect administration of medication (wrong medication or wrong dosage), improper use of anesthesia, improper use of medical equipment, treatment without informed consent and unnecessary surgeries.
Infections and injuries resulting from sub-standard procedures are also consider results of hospital malpractice. A hospital can be held responsible for the actions and mistakes of doctors and other staff that work in the facility if they are “agents” of that medical provider. Doctors and other staff are considered agents if the hospital essentially controls their activities there. Hospital malpractice includes any type of medical negligence that occurs in a this setting, including errors by doctors, nurses, technicians and other hospital staff. The victim of a hospital malpractice can claim damages and compensation for the resultant injuries, harm and pain. Each state has its own law on medical malpractice. Under medical malpractice law, the medical practitioner can be liable for professional negligence or omission to act. If the victim of the hospital malpractice dies, the survivors of the victim can file a claim for wrongful death.
Any death caused by hospital malpractice is due to negligence or wrongful act. In a suit for hospital negligence, it is important that the Plaintiff proves that the hospital staff acted unreasonably and that the hospital staff conduct was a direct cause of injury. If the efforts of the hospital staff did not yield the expected results without a deviation from the standard of care, it will not amount to hospital negligence. A hospital negligence claim must be filed within the statute of limitation which varies from state to state. In some states in cases of hospital negligence, the plaintiff must provide a written document signed by a hospital expert confirming that hospital malpractice was committed and that it was a direct cause of the Plaintiff’s injuries. The format and timing of the affidavit are critical. If you suspect you are a medical malpractice victim for any reason, it is recommended that you seek legal advice immediately.