Our law firm is one of the few in the nation that has a significant practice in the areas of infection litigation and medical product liability. These are just two areas of medical malpractice that we handle, and we have won millions for our clients. In one lawsuit, our lawyers won $10 million for babies who sickened by a contaminated medical product used for premature newborns.
What is Hospital Malpractice and Can I Sue?
Hospital malpractice is what happens when an employee of the hospital (doctor, nurse, technician) does not use the care required to keep a patient safe.
Yes, you can sue for hospital malpractice if the facts of your case support a claim for personal injury or wrongful death. These cases involving complex legal and medical issues. Attorneys Fred Pritzker, Brendan Flaherty, Kate Flom and Lindsay Lien Rinholen are our lead lawyers for these cases. You can call 612-338-0202 to contact them for a free consultation.
Hospital malpractice includes any type of medical negligence that occurs in a hospital setting, including errors by doctors, nurses, technicians and other hospital staff.
We have successfully represented people seriously injured by medical professionals and the families of people who died after receiving medical treatment. Compensation for hospital malpractice victims may include the following:
- Medical expenses
- Lost Income
- Cost of care
- Pain and suffering (includes physical pain, disfigurement, disability, loss of quality of life and emotional distress)
Some common situations that may involve hospital malpractice include:
- Medication error – giving the patient the wrong medication or the wrong dose
- Surgical removal of wrong body part
- Leaving a sponge, instrument or other object in a patient after surgery
- Improper use of anesthesia
- Failure to treat an illness
- Incorrect treatment of a diagnosed illness
- Failure to order proper tests
- Failure to consult with a specialist
- Failure to monitor a patient
- Failure to stabilize a patient
- Improper use of a medical device
- Birth injury or birth trauma due to physician, nursing or hospital negligence
- Surgical procedures that are not necessary, or that are done without patient consent
- Wrong surgery.
If someone you love has been harmed, here is some important information that you should consider:
- Proving Negligence in a Hospital Malpractice Suit
–In order to prevail in a hospital malpractice suit you have to prove that the hospital staff acted unreasonably and that the hospital staff conduct was a direct cause of injury. Unless both issues are proved, there is no case.
–A hospital staff is not negligent simply because his/her efforts were unsuccessful.
–The failure of a treatment is not negligence if it was an accepted treatment based on the information the doctor had or should have had when the choice of treatment was made.
- Special Laws
You should also be aware of some special laws that apply to doctor malpractice cases:
—Statute of limitations: This is a law that requires commencement of a hospital malpractice case within a specific time period. If the case is not filed within that time period it will be barred regardless of its merit. Because the time period is often very short and exceptions apply, it is very important to consult with an experienced attorney as soon as possible.
—Expert affidavit: In some states, before commencement of a doctor malpractice case the party bringing the claim 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 claimant’s injuries. The format and timing of the affidavit are critical.
Our Law Firm and Lead Malpractice Lawyer Brendan Flaherty
Because of the time, cost and complexity of hospital malpractice cases, good law firms carefully review potential hospital malpractice claims. Here’s how our process works. In response to a hospital malpractice inquiry, one of our staff will conduct a free telephone consultation. If we believe the case has merit, we will obtain hospital malpractice records and have them reviewed by a lawyer at the firm. If the we feel there is a valid claim and we believe the case is worth pursuing, we will conduct a thorough analysis and investigation and proceed with the hospital malpractice case.
To contact a medical malpractice lawyer at our law firm, please call 612-338-0202 or submit your case for review with the firm’s online consultation form. We are a Minnesota law firm with a national practice.