Just because you were injured in a hospital doesn't mean that you can sue the hospital for medical malpractice. This might be the case even if your injury was caused by another person's negligence. Here are three examples of such cases:
Injuries Caused By Non-medical Staff
Doctors and nurses aren't the only hospital workers whose negligence may cause injuries in a hospital. Negligence of other hospital workers, such as janitors and drivers, may also cause accidents in the hospital. When this happens, you can't sue the hospital for medical malpractice since these people aren't engaged in administering medical care at the hospital.
For example, a hospital cleaner who fails to dry the floor properly may cause an injury if a patient slips and falls on the wet floor. This is a clear case of negligence, but it doesn't constitute medical malpractice.
Injuries Arising Out Of Non-medical
Injuries arising out of non-medical services or accidents do not constitute medical malpractice. This is the case even if the negligent party is a medical staff; what matters is what they were doing at the time of your injury. By definition, medical malpractice only occurs when the negligent party was providing you with medical care, and the care falls short of the expected standard, thereby causing you injury.
Consider a case where a nurse is rushing to respond to a patient in distress and accidentally bumps into you, causing you to fall and experience complications to your existing injuries. In this case, your injury is clearly caused by a medical staff (the nurse), but it doesn't constitute medical negligence because the nurse wasn't administering your medical care.
Injuries Caused By Non-employees
Lastly, you will not be able to file a medical malpractice case if your injuries are caused by people not employed by the hospital; the hospital is only responsible for its employees. This is the case even if the third party whose negligence harmed you is a health care provider treating you. For example, most doctors are independent contractors, so when their negligence causes your injury, you may not be able to file medical malpractice injuries against the hospital.
However, just because you can't sue the hospital for medical malpractice doesn't mean you can't sue it at all. You may be able to file an ordinary personal injury suit against the hospital if you can prove its negligence caused your injuries. Even if you can't sue the hospital, you may be able to sue the individual who caused your injuries. Consult a personal injury attorney like one from Burke Schultz Harman & Jenkinson Attorneys at Law to evaluate your case and help you identify the person or people responsible for your injuries.
Share17 March 2016
Hi, my name is Sally. I was living a pretty average, uneventful life until I had an accident. At that point, my life become more stressful and painful than I could have ever imagined. Sadly, my accident happened on private property, and it could have been prevented if the owner of the property had kept up with his shoveling. For months, I missed work, suffered through constant pain and become more and more depressed. Finally, a friend referred me to an accident and injury lawyer, and she showed me how to get the compensation that I deserved. I don't want to see anyone else suffer like I did, and because of that, I decided to create this blog. Here, I hope anyone who has been injured can find the information they need to get fully compensated and regain their lives. Enjoy your reading and thanks for stopping by!
