Common Types of Hospital Malpractice


Hospital malpractice refers to instances where negligence contributes to the injury or illness of a hospital patient. The hospital’s lack of reasonable care can lead to severe injuries and even death. For example, if a hospital staff member is hired without a background check, or understaffing prevents staff from delivering proper care to patients, the resulting injuries could be considered hospital malpractice.

Were you or a family member seriously injured due to hospital malpractice? If so, you may be entitled to financial compensation for your medical expenses, lost wages, pain and suffering, and more. At Finz & Finz, P.C., our New York attorneys have over three decades of experience with medical malpractice cases. We are committed to fighting for the full and fair compensation you deserve. Call at (855) TOP-FIRM or fill out the Free Hospital Malpractice Case Evaluation form for a free initial consultation.

Causes of Hospital Mistakes

Hospital errors can happen due to a wide variety of reasons. Often, doctors in hospitals are working long hours and in conditions that are not conducive to providing the appropriate level of medical care. In some cases, the hospital will fail to provide its staff with the level of training that is necessary to properly care for patients. Whatever the reason for the hospital’s errors, the doctor, nurse, or hospital may be held liable for the negligence through a lawsuit.

Hospital malpractice cases can involve a range of legal issues, including negligence, failure to get informed consent, defective medical devices, and breach of duty. The majority of hospital malpractice claims involve negligence. If you were the victim of negligence in a hospital, you must prove that the hospital owed you a duty of care, and the hospital failed in that duty of care. You must then prove that you suffered a compensable injury and that the injury was directly caused by the hospital’s negligent actions or inactions.

Types of Hospital Malpractice

Common types of hospital malpractice include:

  • Wrong or Delayed Diagnosis: Misdiagnosis of a patient’s condition or illness is one of the most common reasons for a medical malpractice claim. The mistake could be made by the main doctor, the laboratory in the hospital, or someone in another hospital department, such as radiology.
  • Emergency Room Errors: Patients can suffer if the emergency room staff makes them wait unreasonably long before they are seen, fail to administer proper tests, misdiagnose their condition, or fail to relay important information after transferring the patient.
  • Medication Errors: Medication errors can include a patient getting the wrong prescription drug, the wrong dose, or getting medication intended for someone else. Medication errors can be the fault of the prescribing doctor, hospital staff, or the pharmacy in the hospital.
  • Refusal to Treat: Denial of treatment to an individual’s immediate need for medical care is a form of malpractice, regardless of the patient’s ability to pay.
  • Surgical Errors: Examples of surgical errors include a surgeon operating on the wrong body part, not entirely removing a tumor, infections, and anesthesia errors.
  • Retained Surgical Items: A hospital’s failure to have a tracking system for items used during surgery can lead to objects being left inside a patient.
  • Anesthesia Errors: Anesthesia errors, which may be fatal, involve using the incorrect type or dosage or failing to determine if the anesthesia will cause a harmful interaction with medications or foods the patient has ingested.
  • Birth Injuries: These injuries often occur when doctors and nurses fail to properly handle complications that happen during pregnancy or labor and delivery. The mother and baby may not live through the error, or they could suffer long-lasting harm.
  • Poor Infection Control: Hospitals that fail to put in place infection control guidelines may be held liable for any harm caused to patients who got an infection during their hospital stay.

If you believe any of these or similar situations happened to you or your loved one in the hospital, contact our medical malpractice attorneys as soon as possible.

Determining Liability in a Hospital Malpractice Case

Typically, if a hospital employee caused injury to the patient while they were working, the hospital can be held liable for the patient’s injuries. However, there are instances when, for example, the nurse may have injured the patient while they were under the supervision of a doctor. In particular circumstances, the injured patient may be able to sue the doctor for medical malpractice.

While doctors can be employees of a hospital, more often than not, doctors are not employed by the hospital. When someone is being admitted to a hospital, they will generally sign admission forms acknowledging that the doctor is not an employee of the hospital. However, for patients admitted to an emergency room, because most hospitals usually don’t have the opportunity to inform them that the doctor is not an employee, the patient may file a lawsuit against the hospital for any emergency room medical malpractice that occurred no matter what the patient was told.

In order to determine which party or parties or liable for your injuries, it is strongly recommended that you discuss your case with an experienced New York medical malpractice lawyer. An attorney will carefully investigate and analyze your cases, identifying all the liable parties who need to be held accountable for their malpractice.

New York Hospital Malpractice Lawyers

If you or a loved one has been the victim of hospital malpractice, the experienced New York malpractice attorneys at Finz & Finz, P.C. can help. We can help you gather evidence and testimony to support your claim. We will make sure this information is collected within the appropriate time frame.

With Finz & Finz, P.C. on your side, you may be able to recover compensation for medical bills, pain and suffering, and other losses resulting from malpractice. Contact the New York hospital medical malpractice lawyers at Finz & Finz, P.C. now at (855) TOP-FIRM or by filling out the Free Hospital Malpractice Case Evaluation form.

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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.