Hospital Error Attorneys in West Palm Beach, FL Fighting Hospital Negligence in Palm Beach County and Throughout Florida
We put our lives in the hands of hospitals and healthcare institutions, expecting that we’ll receive a reasonable standard of care. When that doesn’t happen and you suffer injury due to hospital negligence, you should talk to West Palm Beach hospital negligence lawyers about filing a hospital malpractice lawsuit.
You may have heard that medical errors are the third leading cause of death in the US, claiming 250,000 to 440,000 lives every year. These errors are much higher in the US than in other developed countries such as Germany or the U.K., suggesting that human error is to blame.
Injuries resulting from hospital negligence may amount to medical malpractice if the healthcare providers involved failed to provide a “reasonable standard of care.” This is the level of care you would expect from reasonably trained and qualified medical experts in an environment with the required resources and patient care protocols.
If you believe that you or a loved one suffered preventable injury or death due to hospital negligence, the best course of action is to talk to hospital error attorneys in West Palm Beach, FL, for help in reviewing your case and filing a lawsuit against the at-fault parties.
Difference Between a Hospital Mistake and Negligence in Palm Beach County and Throughout Florida
A hospital malpractice case goes beyond a simple mistake. There has to be evidence that the healthcare professional or hospital administration was negligent, as a result of which the patient suffered a serious injury.
Since its difficult to measure negligence, the legal yardstick used is the reasonable standard of care. The question to answer is, would a similar healthcare provider in the same circumstances following the right procedures and methods have caused the injury? If the answer is no, there may be grounds for a hospital malpractice lawsuit.
Causes of Hospital Negligence Cases
Every malpractice case is different. Cases such as misdiagnosis, medication errors, infections acquired at the hospital, and failure to notice and treat obvious medical issues are common. Such cases are usually the result of factors such as:
- Poor coordination in patient care
- Absence of or failure to follow patient safety protocols
- Insufficient medical supervision and accountability
- Failure to communicate with patients and obtain consent
- Incompetence due to insufficient training
- Miscommunication between hospital staff
A lot of hospital injuries also occur due to pressures caused by understaffing and lack of required equipment and supplies. Once it’s determined that hospital negligence is to blame for a patient’s injury or death, a thorough investigation follows to help prove your malpractice case.
Proving Negligence in a West Palm Beach Hospital Malpractice Case
Your malpractice case may seek to prove that a hospital employee or the hospital itself was negligent. However, most doctors today are independent contractors who might work in several hospitals at the same time.
The hospital is only liable if it fails to inform the patient that the doctor or other medical expert is not their employee or if they were negligent by granting an incompetent doctor staff privileges. Suing a hospital can be difficult because you must prove that:
- You were hurt by a hospital employee or someone who appeared to be one
- The hospital owed the patient a duty of care at the time and breached that duty
- The employee’s negligence about your care led to injury
- The patient suffered damages as a result of the negligence, not from any other factors
Hospitals are also liable when they have inadequate staffing, hire incompetent staff, or fail to implement standard policies and procedures.
However, even when negligence is evident, it can still be difficult to prove that the hospital is liable. This is where it’s important to work with highly experienced West Palm Beach hospital negligence lawyers to help you file a hospital malpractice lawsuit in Florida.
How to Win a Hospital Malpractice Case in Palm Beach County and Throughout Florida
Hospital malpractice cases require proof of negligence and liability to merit a lawsuit. Before filing your case, you must conduct a pre-filing investigation to collect supporting evidence, such as:
- Admission paperwork, including signed informed consent disclosures
- Any signage or documents showing whether the hospital informed the patient that doctors are independent contractors
- Doctor’s ID and practice group
- Hospital documentation showing policies such as staff working hours or patient care procedures
- Fees and billing receipts
- Medical records, prescriptions, and doctor’s notes
You must also fulfill State procedural requirements. These include a mandatory investigation to prove that the lawsuit is justified and a signed affidavit by a medical expert certifying that the case is merited.
Once that’s done, you must notify all defendants of your intent to sue at least 90 days before filing the case in court. During this time, the defendants and their insurance companies will conduct their own investigation and reply to your notice with either an admission of liability, an offer to settle, or a rejection.
If the hospital admits liability and offers to settle, you must respond to their offer within 50 days. Regardless of whether you settle or take the case to trial, it’s vital to work with hospital error attorneys in West Palm Beach, FL, to help you fight the defending lawyers.
Consult Expert Malpractice Attorneys for Free in Palm Beach County and Throughout Florida
Hospital malpractice cases can be difficult to prove and litigate, but working with experienced medical malpractice lawyers can significantly increase your chances of success. Not only do they help you meet the procedural requirements, but they also have the expertise and resources necessary to litigate difficult cases successfully.
If you suspect that you or someone you love was injured as a result of hospital negligence, let us help you. The decorated personal injury lawyers at Domnick, Cunningham & Yaffa are specialists at medical malpractice claims, having won cases worth tens of millions of dollars for our clients.
We’ll review your case for free, with no obligation for you to work with us. Contact us today for your free case evaluation and begin your journey to find truth and justice.