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Bradford H. Bernstein
This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.
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How To Sue A Hospital: Key Takeaways
- The process of suing a hospital includes checking the statute of limitations, defining liability, and filing a court complaint
- You can sue a hospital if you were injured due to malpractice, negligence, premise accidents, or faulty equipment
- To win your case you must prove that your injuries were caused by the hospital’s actions or inaction
From slips, trips, and falls to medical malpractice and product liability, there are many reasons you can sue a hospital if you suffered harm or injuries because of the facility or its employees.
In this extensive guide, we will explain:
- How to sue a hospital
- What other parties you might be able to hold responsible
Not sure if your injury qualifies for a lawsuit?
How To Sue A Hospital
Depending on the state where you live, the path to filing a lawsuit against a hospital can differ, but there are key steps most cases have in common.
1. Check The Statute Of Limitations
The statute of limitations, or the time you have to file a medical malpractice lawsuit, can vary by state and case.
In New York, for example, the statute of limitations for medical malpractice is two and a half years from the date of the malpractice, while the statute of limitations for a personal injury and product liability claim is three years.
2. Record The Incident
As long as you have grounds for a case and you are within the statute of limitations, the next step is to write down what happened in detail and how the actions or inactions of each staff member at the hospital contributed to your injuries.
To support your statement, you can use medical records, incident reports, photos, and other evidence.
In some cases, you may have recorded or taken a video of your conversations with doctors. A recorded conversation or treatment can be invaluable evidence in proving your case if the medical record did not include accurate treatment information.
3. Define Liability
The next step is to specify who contributed to your injuries, whether an individual medical worker or the hospital as a whole.
This might include doctors, nurses, physicians’ assistants, nurse practitioners, pharmacists, or manufacturers of faulty equipment.
You may also be able to file several lawsuits against several liable parties.
4. Prepare Your Complaint
Once you’ve outlined who’s responsible, the next step is to prepare what’s known as a complaint: the official court document that describes what happened, the injuries you experienced, why you hold the hospital responsible for your injuries, and the compensation you are seeking.
5. Attend The Discovery
Once you have filed your complaint, the process moves into the discovery stage. You or your lawyer will exchange information with the hospital and an attorney will question you, along with the hospital representatives and witnesses of both parties.
During this process, you may reach a settlement agreement.
6. Go To Trial
If you do not reach a settlement agreement with the hospital, your case will go to trial, where a jury will determine a verdict on your case.
What Can You Sue A Hospital For?
You can sue a hospital in many different situations: medical malpractice, negligence, premise accidents, product liability, or negligence.
Examples of medical malpractice include cases where a doctor misdiagnosed or misread test results, delayed a crucial diagnosis, administered the wrong medication, or provided improper care during childbirth, causing birth injuries.
Negligence might involve hiring staff without proper background checks, failing to train them, or overlooking unsafe practices like reusing medical tools.
Suing a hospital for premise accidents can come after a slip, trip or fall due to a wet staircase or a lack of appropriate handrails, for example.
Suing a hospital for product liability can include the use of faulty medical devices like stents, implants, defibrillators, or implanted inferior vena cava (IVC) filters.
When suing a hospital for malpractice, negligence, premise liability, or product liability, you must prove that the hospital contributed to your injuries, which can be challenging to do on your own.
A knowledgeable and compassionate lawyer will be an invaluable help, reviewing the details of your case and determining whether you have grounds to sue a hospital. If you are eligible to sue, they will help you fight for maximum compensation.
What Parties Can You Sue?
Hospitals may be held accountable in a variety of scenarios, including it’s medical malpractice, unsafe premises, defective medical devices, and general negligence.
Although you may have been injured by an individual medical professional, you can still hold a hospital liable because under the law, hospitals are responsible for their staff’s training, actions, and performance.
If the doctor or nurse who caused your injuries works as an independent contractor, you may have the right to sue the doctor individually rather than holding the hospital responsible.
However, in certain cases, you can still sue the hospital even if a doctor is an independent contractor if:
- You were not informed that the doctor was not a hospital employee, typically shared in the patient’s admission form.
- You visited the emergency department and expected that any personnel provided by the hospital would provide satisfactory treatment.
Have A Hospital Case? Our Attorneys At Spar & Bernstein Can Help
If you believe you have grounds to sue a hospital, contact our personal injury team at Spar & Bernstein.
With decades of experience protecting the rights of citizens who were injured in New York and New Jersey, our legal firm specializes in multiple areas of personal injury law, including medical malpractice, premise accidents, motor vehicle, construction, and product liability accidents.
A thorough understanding of each area and its legislation allows us to look at your case from all possible angles and fight for maximum compensation to cover both your immediate and long-term recovery costs.
Contact our team to discuss the details of your case. We’ll explain your options, help you compile and submit the necessary documents, and talk to witnesses, medical specialists, and insurance companies to evaluate your injuries and seek a fair settlement on your behalf.
If we do not reach an agreeable settlement amount out of court, we will take your case to court and continue our fight.
Unsure whether your situation qualifies for legal action?
FAQs About Suing A Hospital
Can I sue a hospital?
Yes, in certain situations, you can sue a hospital for personal injuries caused by a doctor, nurse, medical technician, or support staff member.
How can I prove medical malpractice?
Proving medical malpractice can be challenging. You must prove that the doctor deviated or departed from accepted standards of medical care. To do that, you must submit evidence that:
- The hospital owed you a duty of care
- The hospital breached the duty of care
- As a result of the breach of care, you suffered injuries or harm
- The injuries you sustained resulted in medical expenses
Are all lawsuits against a hospital considered medical malpractice?
No. Lawsuits against a hospital can fall under:
- Negligence
- Premise accidents
- Product liability accidents
- Our knowledgeable team at Spar & Bernstein will review your case and determine the grounds for your lawsuit.
What kind of compensation might I be entitled to?
When suing a hospital, you can seek both economic and non-economic damages.
- Economic damages include medical expenses, lost income, loss of earning capacity, household help expenses, and other financial burdens.
- Non-economic damages include pain and suffering, emotional distress, loss of quality of life, disability, disfigurement, and loss of consortium.
What evidence can I use when suing a hospital?
The evidence to support your claim when suing a hospital can include:
- Medical bills
- Income statements showing reduced income
- Expert witness testimony showing reduced earning capacity or need for future treatment
- Personal journal entries describing the effect of your injuries on your life
How much money can I get from suing a hospital?
The amount of compensation you will be awarded for your lawsuit against a hospital can vary greatly depending on a number of factors, including:
- The type and severity of your injuries
- The amount of time you had to take off work
- The effect your injuries had on your life
- The money you spent on treatment or rehabilitation
Can any personal injury lawyer help me sue a hospital?
Medical negligence and malpractice along with product liability and premise accidents constitute specific areas within personal injury law that require a thorough understanding of both law and medicine.
With a proven track record of thousands of successful cases, including a medical malpractice case in which we secured $2 million for our client, our knowledgeable team at Spar & Bernstein is a leading partner for hospital lawsuits,
Which court will review my case?
Typically, personal injury lawsuits are filed in the county court that is closest to the hospital. As counties and boroughs may differ, a trusted attorney will make sure your case is submitted for hearing to the appropriate court.
Is an out-of-court settlement possible?
Yes. Nine out of 10 malpractice cases do not go to trial because the hospital prefers to cut additional expenses associated with a trial case.
Focus on healing.
