When Can You Sue A Hospital For Medical Malpractice In Florida?
Unfortunately, mistakes happen in hospitals all the time. Patients are given the wrong medication, surgical mistakes are made, and patients acquire infections due to improper cleaning and sanitation practices. These are just a few of the most common types of mistakes made in hospitals. Hospital administrators and the staff members within these facilities owe patients a certain duty of care. When this duty is breached and someone acts negligently, patients can suffer serious harm.
If you or someone you love has been injured due to hospital negligence, you may be able to file a claim for damages. You must first determine, though, who to file a claim against. Sometimes, you may be able to file a claim directly against the hospital, but this is not always the case.
When Doctors are Liable for Medical Malpractice
Doctors are highly trained professionals, but they are not immune from making mistakes. A surgeon may leave a medical tool inside a patient during surgery, or a doctor may fail to fully review a patient’s medical history before prescribing medication the patient is allergic to. Or, a doctor may fail to correctly diagnose a patient’s condition in a timely manner.
When doctors do not provide the required standard of care and you become hurt, you may be able to file a claim for damages. However, when this happens in a hospital, it does not necessarily mean you can file a claim against the facility. Oftentimes, doctors are not staff members in a hospital. Although they work there, they may not be employees but rather, they have hospital privileges which allow them to treat patients in a facility. In these cases, you may have to file a claim directly against the doctor and not the hospital.
When Nurses are Liable for Medical Malpractice
Unlike doctors, nurses are usually employees of hospitals. As such, when they make a mistake such as negligent administration of medication, both the staff member and the hospital may be liable. Nurses owe the same duty of care to patients as doctors and when they breach that duty, they can be held accountable for paying compensation for the patient’s injuries.
Hospitals owe a duty of care to patients, as well. They have a responsibility to ensure they are only hiring qualified, competent, and experienced nurses who can provide the best standard of care. As such, when a nurse makes a mistake as an employee, the hospital can be held vicariously liable, which essentially allows you to hold them responsible for the mistakes their staff members made.
Our Medical Malpractice Lawyers in Ocala Can Help with Your Claim
You can file a claim against negligent healthcare professionals and sometimes, the facilities they work for. However, doing so is not easy. At Musleh Law Firm, our Ocala medical malpractice lawyers can determine who is liable for your injuries and negotiate with the insurance companies for the full settlement you are entitled to. Call us now at 352-732-0600 or contact us online to schedule a free consultation and to learn more.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/0768.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/0766ContentsIndex.html
