Can You Sue a Hospital in NYC If You Are Injured?
If you are injured in an accident, you usually file your injury claim against the person responsible. In a car crash, that would be the other driver; in a slip and fall or other premises liability accident, that would be the owner of the property where you were injured. What if a hospital or a doctor is responsible for your injuries?
In medical malpractice cases, you often sue the doctor, but you can sometimes include the hospital. You can also sue the hospital for other accidents that happen on hospital property. Lastly, there may be some opportunities to sue a hospital for injuries while receiving treatment for another injury.
For help suing a hospital for injuries in NYC, call the NYC personal injury lawyers at The Carrion Law Firm for a free case review. Call us today at (718) 841-0083.
Suing a Hospital for Malpractice in NYC
If you were injured by negligent medical care, you could be entitled to sue the hospital where your injuries took place. However, there are some complications that might make your lawsuit better directed at the specific doctor rather than the hospital.
When suing for medical malpractice, you typically start by suing the doctor or other medical professional who committed the errors. Sometimes doctors work in private practice rather than working as hospital employees. This often means that you cannot sue the hospital since the doctor does not work for them. You also typically cannot sue a private practice because of the way those organizations are structured to avoid having one doctor’s errors affect the other doctors.
If the doctor who injured you is a hospital employee, then you may be able to sue the hospital for malpractice. This allows you to hold the hospital responsible for the doctor’s errors in cases of surgical errors, misdiagnosis, and more.
However, you may be able to sue the hospital directly if the errors were not specific to the doctor’s care. In so-called “hospital negligence” cases, injury victims can sue the hospital for broader systemic issues that led to a bad care outcome. This is common in cases where nurses mixed up medications, where test results were lost or mixed up, where you acquired an infection from unclean conditions, and in other similar situations.
In any case, you should always speak with an NYC wrongful death attorney about whom to sue for medical care issues and mistakes.
Suing for Accidents at a Hospital in NYC
If you are injured because of a safety issue on someone else’s property, you can often sue the property owner for injuries. This includes things like icy sidewalks leading to slip and falls and electrocution from exposed wiring. Injuries at a hospital are no different: dangerous circumstances that lead to injury at a hospital can often justify a lawsuit against the hospital.
Hospitals are responsible for safe medical care, but they are also responsible for the ordinary safety of people inside the building and walking across the hospital’s property. Icy sidewalks need to be cleared to prevent slip and falls; wet lobbies need warning signs and door mats to prevent slipping; stairwells need to be well-lit to prevent tripping; parking garages need lighting to help avoid accidents with pedestrians.
All of these and more can all be areas where the hospital’s administration and facilities management could be liable for injuries on their property. If you were injured, security cameras and witnesses might have seen what happened. They can provide excellent evidence to help prove your injury case in court and get you the compensation you need.
Fortunately for many people injured in a hospital, medical care is not far away. Getting immediate medical attention after a serious injury can help prevent your injury from becoming too severe, especially if you bumped your head or injured your back. Hospitals may even immediately offer to pay for this care. However, they could still owe you for pain and suffering, lost wages, and other damages related to the injury.
Suing Hospitals for Injuries from Accidents and Other Sources in NYC
The injuries you face in accidents at other places often get treated at a hospital. The fact that the hospital was involved in your care does not make them liable for the initial injuries – you would instead sue whoever caused the accident for those injuries. However, the hospital could be liable for anything they do after an accident that makes your injuries worse.
When car accident victims and other victims of serious injuries and emergencies are treated at a hospital, the hospital owes them proper care just as they would a patient that comes in the door for a scheduled service. If the doctors at the ER commit malpractice while trying to save your life, that does not excuse their negligence. Even in emergency situations, doctors and hospitals must provide adequate care that conforms to the standard of care. Failing to do so can lead to malpractice claims.
There is one potential issue with these cases though that you should discuss with your Queens personal injury attorney. Lawsuits for accidents can often include any “foreseeable” damages against the person who initially caused the accident. Technically speaking, medical malpractice during your treatment for an injury is considered “foreseeable.” This means that damages for malpractice after an injury could potentially be claimed against the person who initially caused your injuries in some cases. Speak with an attorney about whether you should file a lawsuit against the doctor for your worsened injuries or whether those damages should be included in your initial personal injury lawsuit.
Call Our NYC Hospital Injury and Medical Malpractice Attorneys
If you were injured at a hospital due to ordinary accidents or negligent medical care, call (718) 841-0083 for a free case evaluation with the experienced Brooklyn personal injury attorneys at The Carrion Law Firm.