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Instances You Can File a Hospital Negligence Lawsuit

Jul 05, 2022

When you visit the hospital, you should trust your doctor to provide the proper care for your health. So what happens when a doctor's actions or decisions compromise your wellbeing? Each year, medical errors claim the lives of more than 250,000 people, while others end up hospitalized. 


If you suspect that you or a loved one is a victim of hospital negligence, you may seek legal redress. However, medical malpractice cases are tricky. Thus, understand whether you are justified in filing a lawsuit before beginning the case process.


This article highlights circumstances under which a person may file a hospital negligence lawsuit.

Incorrect Prescription and Medication

Medical providers prescribe and administer medication to several patients each day. Unfortunately, healthcare providers sometimes prescribe the wrong type or dosage of medication. Other times, a doctor fails to consider a patient's allergies or signs of addiction when prescribing medicine. 



You may sue the at-fault healthcare provider for negligence in the above cases if you suffer injury from the medication. Sometimes, prescription and medication errors result in death. Contact a medical malpractice attorney for help evaluating your case and gathering evidence to prove your claim.

Diagnostic Errors

Misdiagnosis and delayed diagnosis are common diagnostic errors. Misdiagnosis is when a medical provider incorrectly diagnoses a patient, resulting in the wrong treatment. A delayed diagnosis is when a doctor does not identify a health issue in time, resulting in late treatment or no treatment. 


Cancer, vascular diseases, and infections are common misdiagnosed illnesses. Diagnostic errors often result from a judgment error. Other errors that result in misdiagnosis include:


  • Failure to order medical testing
  • Mislabeled lab results
  • Medical test errors
  • Failure to recognize clinical symptoms


You may file a case against a doctor if you believe they failed to exercise their duty of care during the diagnostic process.

Surgical Errors

If a surgeon makes an avoidable mistake during surgery that harms you, you can sue them for negligence. However, your claim is only valid if the surgeon did not follow the medical standard of care. 



Some avoidable surgical errors include when a doctor:


  • Operates on the wrong site
  • Leaves a surgical tool in the patient's body after surgery 
  • Performs the wrong surgical procedure on a patient 
  • Injures or damages a nerve or body part during surgery
  • Administers the wrong amount of anesthesia

Failure to Treat

Sometimes, doctors fail to provide patients with the appropriate standard of care during treatment. You may sue a doctor for failure to treat when they: 



  • Fail to recommend necessary aftercare on discharge
  • Discharge you from the hospital too early
  • Fail to consider your medical history when recommending treatment or medication
  • Fail to order necessary medical tests before diagnosis


Failure to treat is common in hospitals where doctors handle a larger volume of patients that is manageable. Doctors who value profits over their patients' wellness may also fail to administer the proper care.

Birth Injuries 

The news that you are about to become a parent is one of the best moments you may ever have. But, hospital negligence can turn your experience into a bad dream. Doctors who fail to exercise their duty of care toward mothers and unborn babies may harm both parties.


Negligence that may result in birth injuries includes: 


  • Inadequate prenatal care
  • Failure to diagnose medical conditions that may cause pregnancy complications
  • Failure to diagnose signs of birth complications 
  • Mishandling the baby during or after birth 
  • Failure to perform a necessary C-section
  • Misuse of assistive devices that results in injury



Any of the above errors may result in the death of the baby, the mother, or both. A child may also require long-term care due to a birth injury. Consult a hospital negligence attorney if you believe a doctor's treatment during pregnancy and birth resulted in complications or injury. 


A hospital is a formidable opponent in a hospital negligence case. But, with the right legal representation, you can get the justice you deserve. Contact us today for legal representation on your hospital negligence case in Marlton, New Jersey.

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