Suing a Hospital Under Medical Malpractice Law under Personal Injury
Suing a Hospital Under Medical Malpractice Law (Personal Injury)
What Is Medical Malpractice?
Medical malpractice is a type of personal injury claim where a patient alleges that a healthcare provider (including hospitals) failed to provide the standard of care expected, causing injury or death.
When suing a hospital, the claim usually involves:
Negligence by hospital staff (doctors, nurses, technicians)
Negligent hiring or supervision of medical personnel
Failure to maintain safe conditions or equipment
Failure to obtain informed consent
1. Elements to Prove in a Medical Malpractice Case Against a Hospital
Similar to general personal injury, medical malpractice requires the plaintiff to prove:
A. Duty of Care
The hospital, as a healthcare provider, owes patients a duty to provide medical care consistent with accepted medical standards.
This duty extends to the acts of doctors, nurses, and other staff employed by or contracted through the hospital.
B. Breach of Duty
The hospital (through its staff) breached this duty by failing to meet the standard of care expected from reasonably competent medical professionals in similar circumstances.
Examples include misdiagnosis, surgical errors, medication mistakes, lack of hygiene, or improper monitoring.
C. Causation
The breach must be shown to be the actual and proximate cause of the injury.
The injury would not have occurred but for the hospital’s negligence.
The harm must have been a foreseeable result of the breach.
D. Damages
The patient suffered actual harm, such as physical injury, pain and suffering, additional medical expenses, or loss of income.
2. Special Considerations When Suing a Hospital
A. Vicarious Liability
Hospitals are often held liable for the negligent acts of their employees under the doctrine of respondeat superior (“let the master answer”).
The hospital is responsible if the negligent party was an employee or acting within the scope of their employment.
B. Direct Liability
Hospitals can also be directly liable for negligence in their own policies or actions, such as:
Failing to properly train or supervise staff.
Maintaining unsafe facilities.
Negligent credentialing or hiring practices.
C. Informed Consent
Hospitals and doctors must inform patients about the risks of procedures.
Failure to obtain informed consent can be a basis for malpractice.
3. Proof of Negligence in Medical Malpractice
Expert Testimony
Because medical care is technical, courts typically require expert testimony to establish the standard of care and show how it was breached.
Experts explain what a competent hospital or healthcare professional would have done differently.
4. Key Case Law Principles
Case 1: The Standard of Care Must Be Medical Reasonable
The hospital’s duty is measured against what a reasonably competent hospital or medical professional would do under similar circumstances.
Bolam v. Friern Hospital Management Committee (1957) 1 WLR 582 (UK) (widely referenced): A doctor is not negligent if acting in accordance with a practice accepted as proper by a responsible body of medical opinion.
Case 2: Hospital Liability for Staff Negligence
Hospitals may be liable for actions of their employees if within the scope of employment.
Doe v. XYZ Hospital (hypothetical): If a nurse employed by the hospital negligently administers medication, the hospital can be held liable.
Case 3: Causation and Damages
Plaintiff must show the breach caused the injury.
Barnett v. Chelsea & Kensington Hospital Management Committee (1969) 1 QB 428
A man who died from arsenic poisoning was sent home from the hospital. The court held that even if the hospital had not breached duty, the outcome would have been the same, so no liability.
Principle: Proof that negligence caused or worsened the injury is essential.
5. Common Defenses Raised by Hospitals
Contributory negligence (patient’s own negligence contributed to harm).
Assumption of risk (patient accepted risks).
Statute of limitations (time limit to file lawsuit).
Good medical judgment (actions consistent with accepted medical practice).
Causation denial (injury was caused by underlying condition, not negligence).
Summary Table
| Element | What to Prove | Case Principle |
|---|---|---|
| Duty | Hospital owed patient duty of care | Hospitals must meet standard of competent care |
| Breach | Hospital deviated from standard | Bolam test: Accepted medical practice |
| Causation | Breach caused injury | Barnett case: Must show injury linked to breach |
| Damages | Actual harm or loss suffered | Proven damages, economic or non-economic |
| Liability Basis | Direct or vicarious liability | Hospital liable for employees’ negligence |
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