What is hospital Negligence?
Hospital negligence encompasses negligent care provided by medical professionals employed by the hospital such as nurses, pharmacists, and laboratory and diagnostic technicians. Hospital negligence may arise in a wide range of circumstances, including a delay in diagnosis or treatment, errors in diagnostic testing, improper monitoring, handling or treatment of a patient including infant patients during birth, improper administration of medications, and lack of communication between the hospital and the health care team. Unfortunately, many of the injuries that result from hospital negligence could have been prevented. If you or a loved one have been seriously injured as a result of hospital negligence, we have in-depth knowledge and experience with the legal and medical aspects of hospital negligence and we are happy to discuss your legal options.
There are many instances each day in which patients are provided with care by hospital staff that meets and even exceeds the standards expected of them. Unfortunately, there are also instances in which patients do not receive adequate care by hospital staff. This can occur because of simple human error or deeper systemic inadequacies. Though some patients who receive inadequate care will recover nonetheless; tragically, others will be catastrophically or fatally injured. If the inadequate care provided by hospital staff is such that it does not meet accepted professional standards, an injured patient or his or her family may have cause to pursue a claim for compensation.
Hospital negligence can include a wide range of matters such as:
- Hospital negligence is manifested in various ways and can include some of the following examples:
- Failure to communicate (or lack of communication) between hospital staff;
- Failure to follow procedures or protocols;
- Failure to follow-up on a patient;
- Failure to monitor a patient or fetus;
- Birth injuries or complications from failure to monitor during childbirth;
- Delay in diagnosis or treatment;
- Equipment failure;
- Improper handling or tissue or biopsy samples;
- Diagnostic testing errors;
- Medication and prescription errors; and
- Errors in the emergency room.
The above examples of hospital negligence can involve many parties including doctors, surgeons, nurses, anesthesiologists, laboratory technicians, radiologists, pharmacist, residents, interns, and administration staff.
Hospital negligence encompasses negligent care by medical professionals such as:
- Doctors (including specialists in areas such as pediatrics, anesthesiology, diagnostic radiology and surgeons);
- Residents and interns;
- Nurses, Nurse Practitioners and Licensed Practical Nurses;
- Laboratory Technicians;
- Various members of nursing home staff; and
- Government agencies providing oversight.
Though doctors can certainly be a party to hospital negligence, it is a common misconception that hospitals in Canada are liable for the negligence of doctors. Many doctors in Canada are insured by the Canadian Medical Protective Association (CMPA) which is an organization that provides legal defence and liability protection for physicians in Canada. The CMPA also provides compensation to patients and their families proven to have been harmed by a physician’s negligent care. When a patient is seriously injured by hospital negligence involving both hospital staff and a doctor or doctors, a claim may be brought against both the hospital and the physician(s).
Proving Medical Malpractice Case
Patients trust their doctors and healthcare professionals to take reasonable care and protect them from the often-serious consequences of medical errors. When mistakes happen during medical treatment, injured patients and their families can suffer significant losses, including harm to their health, quality of life, careers, and finances. By investigating whether you may have a case in medical malpractice, you can help protect your rights to hold healthcare professionals accountable when they make mistakes that negatively affect your life.
At Wagners, we understand that the injuries sustained in a medical malpractice incident can be devastating. We believe that patients who have suffered because of the negligence of a doctor, nurse, or other healthcare professional deserve fair to compensation to account for what they’ve lost as a result of the injury.
With combined decades of experience in medical negligence, Wagners has the skill and knowledge required to investigate your case, determine whether you have a viable claim, and advance your medical malpractice case.
Medical negligence can include many different situations, including:
- Birth injuries
- Delayed treatment
- Failure to properly diagnose the condition
- Improper care and treatment
- Surgical errors
- Emergency room errors
- Lack of informed consent
- Fatal injuries
- Prescription errors and pharmacist negligence
- Chiropractor errors
To prove that the care you received was negligent, our lawyers use highly experienced, trusted, and independent medical experts to provide opinions on the strength of your case and, if supportive, to write reports and testify at your trial. When we take a case on, we also obtain all your medical records and other documentation relevant to your case for you.
A successful case in medical malpractice requires three things: (1) we have to prove that the doctor(s) or other healthcare professional(s) provided substandard care to you; (2) we have to prove that the substandard care you received is what caused your injuries; and (3) we have to prove that the injuries you sustained are recognized in law as serious and substantial. For each of these requirements, we hire independent medical experts to write reports and testify on your behalf if the case proceeds to trial.
How long will my case take?
There are special cases where the lawsuit is settled after weeks of legal notice. However, in complex medical malpractice lawsuits, the case can take years especially when it gets to the court system. Your lawyer may advise you to settle out of court depending on the offer being given by the negligent party as well as how long the case may take when it goes to trial. What’s important to understand is that every case is unique. There could be challenges in gathering the required evidence as well as attending the trial hearings which may lead to delays. The best way to ensure you meet all deadlines and get the best chance of a positive outcome is by working with an experienced legal team. Reliable legal representation will ensure that your case is thoroughly analyzed before being taken to court.
Contact Our Hospital Negligence Lawyer in Halifax
At Wagners, we recommend consulting a medical malpractice lawyer as soon as possible after the accident occurs. There are usually strict timelines that could hinder you from getting the justice you deserve. If you have been seriously injured, please contact our lawyer at Wagners Personal Injury Law Firm to discuss your case. You can reach our team by calling 902-425-7330 or 1-800-465-8794, or by completing a short online contact form.