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Is It Hard To Sue a Hospital for Medical Malpractice?

Apr 28, 2021 | Medical Malpractice

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Filing a hospital lawsuit is a complicated process. Many factors contribute to why suing a hospital can be challenging. They include:

  • Med mal insurance
  • Proving the standard of care wasn’t met
  • Signed waivers
  • Collecting proof
  • Other factors

Having a skilled attorney is essential to overcoming these challenges and receiving the compensation you deserve. We’ll review each of these challenges and how your attorney can help.

Medical Malpractice Insurance

When you’re suing for medical malpractice, you’re not actually pursuing a case against a hospital or doctor. Instead, your case will be with the provider’s insurance company.

Medical malpractice insurance can have some limits and exclusions that make it more complicated for you to get paid for your injuries.

While you might think that a hospital will settle to avoid bad press, the insurance company is actually the one that will decide whether or not to accept a settlement agreement.

Attorneys know how to deal with insurance companies to avoid some of the pitfalls you can experience when working with them.

Proving the Standard of Care Wasn’t Met

In medical malpractice cases, the courts use the standard of care as a measurement for whether another medical professional would have acted differently given the circumstances.

The standard of care is not black and white, though, which is why this is a challenging part of a lawsuit to prove. One provider’s idea of a standard of care can differ from another.

Some cases are quite obvious, while others take greater proof and deliberation. These are instances where it is highly beneficial to have an expert on your side.

Signed Waivers

A big question we get from clients is whether they can still file a lawsuit if they signed a waiver. And the answer is—it depends. It depends on the waiver and the circumstances surrounding what happened to you while in a medical provider’s care.

Waivers can show that you understand the risks of a treatment or procedure. However, that does not give the hospital the right to provide poor or inadequate care.

Signing a waiver does not automatically mean you cannot sue, but it can make the process more difficult.

Collecting Evidence in Hospital Lawsuits

Proving a medical malpractice case against a hospital is challenging on several fronts. These include:

  • Showing the hospital is at fault and not just the doctor
  • Demonstrating the standard of care you should have received but didn’t
  • Proving that your injuries were a direct result of the improper or inadequate care you received

Determining fault is one of the most challenging aspects of any injury lawsuit. A skilled lawyer will review all documentation and details surrounding your case. Your lawyer will help determine whether your doctor or the hospital was the one at fault for the medical malpractice.

Other Factors

Each case is unique and contains its own variables and specifics. Other factors impacting your case could include thoroughness of your medical records, your adherence to medical advice, and more.

Call Today To Get Started

When you meet with Stewart & Stewart, be sure to bring all relevant documentation with you. We’ll take time to provide an expert opinion on your chances of a successful medical malpractice lawsuit. Contact us now to schedule your free consultation.

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