Can I Sue a Florida Hospital for Medical Malpractice?

When you go to the hospital, whether for an urgent injury or an ongoing issue that requires more in-depth treatment, the last thing you expect is to leave feeling worse. However, if you are the victim of medical malpractice in a hospital, this could be the case. As such, it’s important to understand your legal options if you have suffered at the hands of negligent medical staff. The following blog explores what you should know about hospital malpractice, including why it’s in your best interest to work with an Indian River County hospital negligence lawyer to explore your rights and the process of filing a claim.

What Constitutes Medical Malpractice in a Hospital Setting in Florida?

Any time a doctor or hospital staff fails to meet the standard of care that other medical professionals would provide under similar circumstances, it constitutes malpractice. It’s important to note that an undesired outcome does not always constitute malpractice. Some complications can occur in the absence of negligence. Likewise, not all malpractice causes harm. The critical questions are whether a complication or other injury arose as a result of an error that other providers of the same specialty would not make if they were acting reasonably in accordance with the standards of their profession

Unfortunately, in a hospital setting, there are a number of errors that staff can make that constitute malpractice. Examples include, but are by no means limited to, the following:

• Administering the wrong medication
• Causing unnecessary damage during a surgical procedure
• Failure to timely respond to changing conditions or critical lab or diagnostic results
• Misdiagnosis or delayed diagnosis
• Failure to maintain sterile conditions, leading to infection

Do I File a Claim Against the Hospital or the Staff?

If you are the victim of medical malpractice, filing a claim can be an overwhelming and confusing matter. Additionally, suing a hospital can also feel like a “David and Goliath” battle, as hospitals have substantial resources to help them fight against malpractice claims. As such, it is imperative to connect with an experienced attorney who can fight on your behalf.

In general, the hospital can be held liable for the actions of its employees or other agents through a vicarious liability doctrine, which holds an employer responsible when their staff is acting in their official capacity. In some instances, the hospital can also face liability if it does not adequately train staff, hire competent doctors, or fail to uphold safety and sanitation standards.

However, there are some instances in which you cannot sue a hospital for the negligence of its doctor. This is sometimes the case for physicians who are independent contractors, meaning they are not direct employees of the hospital. It should be noted, however, that there are exceptions to this, known as apparent agency. If the hospital presents the doctor as an employee and not an independent contractor, the hospital can still face liability. Likewise, the hospital may be liable for a doctor as an actual agent if the hospital has the right to control the care at issue. This issue often turns on an evaluation of hospital bylaws, policies, and procedures in the context of prior case law.

Medical malpractice claims are among the most complex and overwhelming personal injury claims to navigate. As such, taking the necessary steps to connect with an experienced attorney to guide you through this process is in your best interest. At Ullian Trial Law, we understand the impact these matters can have on your life, which is why we are committed to helping you fight for the best possible outcome. When you need assistance, our firm is here. Contact us today to learn more.