Many patients who fall ill while in a hospital’s care may hope that they can pursue a medical malpractice claim, but how easy is it really? The reality is that many people attempt and fail to bring lawsuits against hospitals, but every case is different. Where your case may have merit, others may not have enough evidence to pursue a case.
This is why your attorney will speak with you about the specific facts of your case such as how you suffered the injury, if you were informed about the potential for serious side effects or complications before a treatment and other factors that played a role in your illness following your visit to the hospital.
If you have a strong basis for a claim, your attorney will help you develop a lawsuit. To have an attorney agree to take on your claim, you’ll generally need to show that you are basing your claims on negligent acts or mistakes that led to your illness. Not receiving informed consent, if you can prove it, will also be a good piece of evidence for your case.
Once you have a case against a doctor, you may also have a case against the hospital. Your attorney will look into the doctor’s background for past instances like yours and determine if the hospital could have been negligent in its hiring process or in the monitoring of this specific provider. In some cases, hospitals can be held liable for their employees’ mistakes, so there could be two parties that you could potentially sue if you are hurt due to medical errors.