In some medical malpractice scenarios, it is possible for injured parties to file a lawsuit against the hospital. This may be the case if the hospital was negligent, responsible for the actions of a health care provider, or allowed an incompetent doctor on its staff. In cases of hospital malpractice, there are specific statutes of limitations, expert witness requirements, and elements of proof necessary to bring a successful claim. For help with these complex cases, come to Anapol Weiss in Philadelphia and speak to our hospital malpractice lawyers. We offer free no obligation consultations, call us today at (866) 735-2792.
Examples of Hospital Malpractice
Like all businesses, hospitals are liable for the actions of their employees. However, in most cases, doctors are not employees of the hospital. Instead, they act as independent contractors. If this is the case, an injured party could not sue the hospital, but rather the individual doctor. If the responsible party was a nurse, technician, or maintenance crewmember, on the other hand, the hospital may be responsible due to strict liability.
Another example of hospital malpractice is improper hiring, training, and retention practices. It is a hospital’s duty to properly vet, research, and interview candidates before giving them staff privileges. Failure to do so could result in incompetent or negligent doctors providing inadequate care to patients. If an investigation shows a hospital did not adequately train its employees, resulting in patient injuries, it may be the fault of the hospital.
A hospital may be guilty of negligence in cases involving equipment failures. Poor equipment maintenance and failure to repair or replace known problems may be the fault of the hospital. It takes an in-depth investigation into the nature of the plaintiff’s injuries to correctly identify the defendant(s) in a medical malpractice case. If it is the hospital, there are certain steps the plaintiff must take to successfully bring a claim in Pennsylvania.
How to Sue a Hospital in Philadelphia for Hospital Malpractice
- In Pennsylvania, the statute of limitations for medical malpractice cases requires plaintiffs to file a claim within two years of the discovery of the injury, the discovery of malpractice, and/or the discovery of the connection between the malpractice and the injury. Regardless of these three factors, a plaintiff has seven years from the date of the injury to file a claim. Failing to file within the statute of limitations can lead to the court dismissing your case.
- The courts also require an attorney-signed affidavit within 60 days of the initial claim submission. The affidavit must state that the plaintiff has an expert’s written statement testifying that the hospital is likely at fault for the plaintiff’s injuries. This is Pennsylvania’s way of weeding out claims that don’t have merit before they come to court. Request an attorney’s help for the affidavit to make sure you meet all the civil court’s requirements.
- Finally, you must draft and file your complaint. The complaint must include the patient’s name, the hospital’s name, a description of how the injury occurred, the harms caused, and the award amount the plaintiff demands from the defendant. Filing an incomplete complaint can lead to the courts refusing to hear your case and costly delays in the legal process. Trust Anapol Weiss to represent your medical malpractice case, and submit all paperwork on time and correctly.
Why Hire an Attorney at Anapol Weiss for Hospital Malpractice?
Going up against a large corporation like a hospital can be daunting, but it doesn’t have to be. With help from the lawyers at Anapol Weiss, you can enter into negotiations and trials with confidence. Our team of Philadelphia medical malpractice lawyers have decades of trial experience, and we have won billions of dollars for our clients over the years.
We’ve won settlements and judgments from large corporations, health care facilities, and insurance companies. Anapol Weiss has what it takes to maximize your chances of recovery after hospital malpractice. Give your case its best odds by contacting us. Schedule a free consultation at (866) 735-2792.