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Suing a Hospital for Malpractice

Patients in a hospital are entitled to a certain basic level of care. If conditions, events or conduct in that hospital result in harm to a patient, that individual has the right to sue the hospital for malpractice. However, it can become difficult to determine whether the hospital or doctor is liable. Contacting an experienced attorney, like the lawyers at Finkelstein & Partners, LLP, is the best way to proceed in any medical malpractice case.

Hospitals, like other entities, are liable for the negligence of their employees. However, most doctors are not employees. They are independent contractors, which makes the hospital not liable for their actions. Therefore, if your injuries were caused by a doctor who was an independent contractor, the claim would be brought against the doctor and not the hospital. Nurses, medical technicians and support staff are usually employees, so if your injuries are a result of negligence from these individuals, the hospital can be sued. Complications can arise when a patient is injured by a doctor who is an independent contractor, but the hospital should have been aware of the doctor’s incompetence. When this occurs, a claim can be brought against the hospital for negligent supervision or negligent hiring and firing practices and another claim against the doctor for malpractice.

The statutes of limitations on claims such as these vary from state to state. Generally, the period is from one to three years from the date of the negligent act. It is also important to note that an increasing number of states require patients to file a ‘certificate of merit’ along with the initial paperwork when initiating a claim. This entails hiring an expert medical witness to review the relevant material and assert under oath that the healthcare provider deviated from acceptable medical practices which resulted in the victim’s injuries.

Medical malpractice cases are complex. Attempting to handle all the legalities, procedures, paperwork, etc. without legal counsel is an unwise decision. An experienced attorney will help you navigate the legal protocols and procedures and will have access to the right medical expert to assist you in your case. Some attorneys, like the attorneys at Finkelstein & Partners, LLP, operate on a contingency fee basis so you will not have a legal fee. If you are awarded a judgment after a trial or negotiate a mutually agreeable settlement before the trial, an attorney receives a pre-determined portion of that amount.

Contact the lawyers at Finkelstein & Partners, LLP to stand beside you and represent your interests during this complex legal process. We have been helping our clients for decades and we can help you too. Call 800-529-2676 or email [email protected].