When you are hurt in an accident, the law requires that you sue the party responsible. In a car crash, that would be the other driver; in a slip and fall or other premises liability claim, you sue the owner of the property where the accident occurred. In medical malpractice cases, it is usually the doctor that you sue. However, you may also be able to sue the hospital if the injury you suffered was caused by a hospital employee. Our Syracuse medical malpractice attorneys can help you determine which parties are liable in your case.
The most common reason to file a OR Hospital Injury Law against a hospital is because of medical negligence. In these cases, you need to prove that the doctor committed malpractice in order to recover damages. However, the hospital can also be held liable under a legal theory called respondeat superior, which holds that the hospital is responsible for the actions of its employees when those actions are part of their job duties. For example, if a nurse negligently injects you with the wrong medication and causes you injuries, the hospital can be held liable under respondeat superior. However, if the doctor that treated you in the emergency room was not an employee of the hospital, but rather what is known as an independent contractor, then the doctrine of vicarious liability will not apply and your case will likely be dismissed.
Another way a hospital can be sued is for failing to keep its premises safe. Just like other types of businesses that have customers, hospitals must ensure their premises are free from dangerous conditions that could hurt people who visit the property. This includes regularly inspecting the premises for unknown hazards and taking steps to fix them when they are discovered. For instance, a spill that has not been cleaned or a stairwell that is poorly lit could cause someone to trip and fall, leading to serious injuries.
Bringing a successful lawsuit against a hospital for its negligence can be difficult, and the process requires expert witness testimony to support your claims. Our firm can work with the top expert witnesses in New York to ensure that your case has the strongest possible evidence. In addition, it is important that you file your claim within the statute of limitations for your state.
While it is rare for a patient to be injured in a hospital, mistakes do happen. In some cases, these errors can lead to severe injuries or death. If you or a loved one has been harmed by the negligence of hospital staff, contact our firm as soon as possible for a consultation with a Syracuse medical malpractice attorney. We can explain your rights and help you recover the compensation you deserve. Our firm is dedicated to helping the victims of medical malpractice and other accidents receive justice. For more information, fill out our online form. We provide free initial consultations, so do not hesitate to contact us right away.
“Moseley Collins Law
1012 SW King Ave Suite 104, Portland, OR 97205
(503) 210-1995”