When injured in a hospital or while under treatment by a doctor in a medical clinic, it may be difficult determining who is at fault. There are many instances where both the doctor and the hospital may bear some responsibility. But there are also times where the medical facility may be chiefly responsible. For instance, if there was a patient fall where no staff member was involved, but that a policy or dangerous conditions led to the fall and resulting injuries, the hospital alone could be at fault. Likewise, if a physician sees patients in a hospital but as an independent contractor and with clearly no oversight from the facility, errors that lead to patient injury could be the responsibility of the physician alone. Parsing legal liability in these different kinds of scenarios can be a complex task. It’s often necessary to have the counsel of an experienced medical malpractice attorney, who can help investigate the circumstances surrounding the medical malpractice claim, identify potential damages in your claim and flesh out potential liability.
(When to Consider Suing a Hospital for Medical Malpractice)
There are a wild array of scenarios that can lead to medical errors in a hospital facility. But, generally speaking, certain procedures and treatments offer potential for mistakes that lead to medical malpractice. These are examples of some of the kinds of errors that cause patient injury:
Anesthesiologist Errors
When a patient goes under for a medical procedure, it can lead to anesthesia errors that can have life-long implications. Anesthesia treatment involves administering powerful gas or intravenous drugs. Some forms of anesthesia are meant to render the patient unconscious with no sensation during the medical procedure. If the patient is not properly monitored during the entire process, the patient may endure brain injury, cardiac arrest or respiratory problems.
If the anesthesiologist is negligent in their work for a hospital, they may be liable for any patient injury that results and could be sued for anesthesia malpractice. Additionally, under vicarious liability, the hospital facility may be also sued as the employer, as the anesthesiologist performed their duties during the procedure as an employee of the facility, and therefore, on their behalf.
Diagnostic Errors
Diagnostic errors can be a source of tremendous anxiety and stress. If a patient is misdiagnosed, led through a battery of further testing and perhaps even treatment, when in fact, they are not actually sick, that can be a cause for unnecessary emotional suffering. But what happens when diagnostic testing reveals nothing, when it should have detected a dangerous medical condition, delaying medical treatment? Their condition can be allowed to worsen, causing more unnecessary pain and suffering.
Imaging scans like computer axiai tomography (CAT scans) and magnetic resonance imaging (MRI scans) are common diagnostic tools used in medical facilities today. They are used by physicians to detect internal bleeding, brain injuries, spinal injuries, and other serious medical conditions. Yet, when these scans are not reviewed correctly or appropriately, it can lead to misdiagnoses or delayed diagnoses.
Let’s say, for example, an x-ray machine has been mishandled or improperly maintained, and the result is a blurred image on an x-ray. Should a radiologist fail to spot a mass that would otherwise lead to the diagnosis of a serious illness or condition, the hospital and the staff involved could be held liable for the resulting injuries suffered by the patient. They could include delayed diagnosis and a worsening of a dangerous medical condition that could have been treatable (or more treatable) at the time of the diagnostic exam.
What are the Kinds of Damages a Patient is Entitled to in a Medical Malpractice Claim?
Medical malpractice lawsuits can result in compensation for a variety of losses suffered by a patient that has become victim of medical error. Compensatory damages are meant to make a victim “whole,” to restore to them what they had lost as a result of the error(s) they endured. Damages are typically economic and non-economic:
Economic Damages:
Economic damages can be quantified easily as they are tied to financial losses incurred as a result of the neglect or error. Common economic damages include medical costs and lost income.
Non-economic Damages:
Non-economic damages are not as easily quantifiable. They are meant to account for the losses that can not necessarily be tied to an exact dollar value. They may include things like chronic pain, suffering, emotional distress, loss of enjoyment in life and loss of companionship. When damages of this nature are awarded, juries try to determine a figure that will redress the level of loss endured by the patient, but in some cases the egregious nature of the neglect or misconduct exhibited by the medical facility and/or staff.
If you’re looking for an experienced Chicago personal injury lawyer to help navigate your personal injury claim, we will fight assiduously for your right to the compensation you deserve. Call Bizzieri Law Offices at 773.881.9000. The case evaluation is free, and we never charge a fee unless we recover damages for you.