Hospital Negligence and Medical Malpractice Lawyers

Nationwide – Arizona – Florida – Washington

Doctors, nurses, and other medical professionals are required to meet an accepted “standard of care,” and provide medical treatment in the manner that a prudent, similarly-licensed peer would have under the same circumstances. Failure to do so constitutes medical malpractice.

Medical malpractice occurs when a physician fails to do what a reasonably careful, similarly-licensed physician would have done in the same situation. Furthermore, hospital negligence occurs when a doctor fails to do something to a patient that a reasonably careful physician should have done. At Garcia, Artigliere, & Schadrack, our medical malpractice lawyers have the experience and resources to take on the medical industry – doctors, hospitals, and insurance companies.

If you or a loved one is the victim of hospital negligence or medical malpractice, contact the lawyers at Garcia, Artigliere, & Schadrack. Call us at 1-800-281-8515 or schedule a free case review today.

What is hospital negligence?

Hospital negligence is a failure to meet the standard of care by a health care professional within a hospital setting. A health care professional includes physicians, nurses, hospital employees, lab technicians, dentists, chiropractors and health-care facility staff. These individuals have a responsibility to provide excellent medical care to every patient. If a medical mistake or error occurs because the health care professional did not meet the standards necessary for patient care, medical malpractice has occurred.

Common Types of Hospital Negligence

At Garcia, Artigliere, & Schadrack, we handle medical malpractice claims involving:

  • Medication Errors
  • Surgical Errors
  • Misdiagnosis / Failure to Diagnose
  • Anesthesiology Mistakes
  • Birth Injury
  • Cerebral Palsy
  • Shoulder Dystocia
  • Nursing Home Abuse

Hospital negligence can occur from a simple misdiagnosis of a treatment or illness. In addition, negligence claims may involve:

  • Improperly prescribing drugs – not checking medical history, wrong medicine, wrong dosage
  • Operating room mistakes – dirty instruments, improper use of anesthesia, amputation errors, leaving a sponge or other instrument inside the patient, infection, improper use of a medical device
  • Failure to treat an illness or order the proper tests
  • Failure to get a second opinion with a specialist
  • Performing medical/surgical procedures that are not necessary
  • Finally, if a patient dies because of medical negligence, a wrongful death action may be taken.

Hospital Malpractice lawsuits

Medical malpractice laws are designed to protect a patient’s rights for compensation if they are injured because of medical negligence. This type of lawsuit can be time-consuming and very costly. Healthcare providers carry malpractice insurance, which pays for attorneys and settlement expenses. If you or someone you love has been injured by hospital negligence, the following will be helpful to you.

  • Statute of limitations – Each state has a specific time period for you to file a malpractice lawsuit.  If it is not filed within that timeframe, it will be barred regardless of its merit.  An experienced hospital malpractice lawyer will discuss with you everything you need to know.
  • Proving medical negligence – You must prove that the healthcare provider acted in a negligent manner and was responsible for your injury.  The provider is not negligent just because the treatment was not successful.
  • Expert affidavit – Before a medical malpractice case can be heard, the party initiating the claim must provide a written document signed by a hospital expert stating that malpractice was committed and it did, indeed, cause the claimant’s injuries.  The timing of this affidavit is critical.

How can a patient protect themselves?

The hospital has the responsibility to protect all patients from harm. They must make sure all tests and treatment are performed correctly.

A patient has the right to prevent unauthorized treatment upon him or herself. A physician is required to inform the patient of all risks and benefits before performing a medical procedure. The physician must discuss any alternatives to this procedure. The physician must receive the patient’s signed informed consent allowing the doctor to perform the surgery.

Once it is proven that the physician did not meet the applicable standard of care, he or she will receive damages – compensatory and/or punitive damages. Compensatory damages are awarded for the actual injury or harm sustained.  This includes medical, hospital bills, prescription drugs, therapy, etc. Punitive damages are awarded if the patient can prove that the medical provider acted in bad faith. Punitive damages are a punishment for the provider’s wrongdoing. These are also awarded if the physician failed to get the patient’s informed consent, performed non-emergency surgery or failed to follow-up with the patient after the surgery.

Every state has medical malpractice laws and regulations. The Statute of Limitations regulates the time in which a lawsuit can be filed.

Contact Our Medical Malpractice and Hospital Negligence Lawyers

Garcia, Artigliere, & Schadrack has handled numerous medical malpractice cases. Our lawyers are qualified to help you secure a fair malpractice settlement. If you have been a victim of medical malpractice or negligence, contact our personal injury office.

With an exceptional track record of success, our medical malpractice and hospital negligence lawyers have helped many area victims obtain fair compensation for their suffering. We can help you recover medical expenses, rehabilitation costs, lost wages, diminished earning capacity, and pain and suffering. Schedule a free consultation today to discuss your legal options.