Grounds for a Hospital Negligence Lawsuit
Determining if you have grounds for a hospital negligence lawsuit depends on the specifics of your case. If you believe you or someone you love was the victim of medical malpractice, for example, you will need to prove that the medical provider who treated you failed to uphold the acceptable standard of care.
This means that you must prove the doctor or nurse acted or failed to act in a way that one could reasonably have expected another qualified medical professional to have acted in the same or similar circumstances. A poor outcome following treatment does not necessarily mean you have grounds for a hospital negligence case.
You will also likely need to establish that the doctor or nurse was an employee of the hospital and, therefore, the hospital is liable for the medical provider’s conduct. Hospitals often try to limit their liability for these types of events by classifying doctors, surgeons, and other medical professionals as non-employees, but the law may still be on your side if you had reason to believe the medical provider who treated you was an employee of the hospital.
If you were injured in a hospital not because of poor or substandard care but due to hazards on the premises, you may be able to bring a premises liability lawsuit. To do so, you will need to prove that you were injured by a dangerous condition that the hospital (or another liable party, such as a building manager) knew about or reasonably should have known about.
You will also need to prove that, despite knowing about the condition, the hospital failed to take proper/adequate measures to remove, repair, or warn others of the condition.
How Long Do You Have to File a Hospital Negligence Claim in Louisiana?
Your time to bring a hospital negligence lawsuit in Louisiana is relatively short. If you wish to file a negligence claim against a hospital in Louisiana, we strongly encourage you to reach out to our firm as soon as possible so that we can begin building your case.
Medical Malpractice Statute of Limitations in Louisiana
The statute of limitations on medical malpractice claims in the state is one year from the date of injury or one year from the date on which you knew about or reasonably should have known about the injury. The statute of repose on these claims is three years, meaning you cannot bring a claim after three years have passed since the date of injury, regardless of when you discovered the injury.
Hospital Premises Liability Statute of Limitations in Louisiana
This same statute of limitations—one year from the date of injury or one year from the date on which the injury was discovered/reasonably could have been discovered—exists for premises liability cases, as well.
How Our Team Can Help You
Hospital negligence claims are challenging, but with the right legal team on your side, you can obtain the justice you and your family deserve. At Parker Alexander, our Monroe hospital negligence lawyers fight for maximum recovery for the injured, allowing them the financial resources they need to keep up with mounting medical bills, lost wages, and severe pain and suffering.
We do not collect any attorneys’ fees unless we win your case; you will never pay any out-of-pocket expenses when you work with our firm. If necessary, we can travel to meet you in your home or at the hospital, and we offer evening and weekend appointments by request.
Decades of legal Experience
Give us a call at (318) 625-6262 or submit a free online case evaluation form today to get started.
What Is Hospital Negligence?
Hospital negligence can take several forms. It may relate to medical malpractice, but it may also relate to unsafe conditions within a hospital that lead to serious injury or death. As a result, there are many examples of hospital negligence.
Examples of Hospital Negligence
Some examples of hospital negligence include:
- Diagnostic errors, including misdiagnosis, delayed diagnosis, and improper diagnostic procedures
- Medication mistakes, including anesthesia errors, improper medication administration, and overdosing
- Surgical errors, including wrong-site surgery, wrong-patient surgery, and leaving objects/instruments behind
- Negligent hiring and/or supervision of hospital employees, including failure to conduct background checks and failure to properly handle patient complaints
- Poor or nonexistent follow-up care, including early discharge and failing to provide the patient with proper at-home instructions
- Staffing issues, including inadequate staffing/understaffing, leading to decreased quality of patient care
- Dangerous property conditions, such as wet or slippery floors, leading to slip and fall accidents and other injurious events
- Emergency room errors and negligence, including triage errors, intubation errors, early discharge, medication mistakes, and more
Essentially, any time hospital employees—or the hospital itself—act negligently or wrongfully, resulting in injury and/or damages, victims and/or their loved ones may have grounds for a hospital negligence claim.
Grounds for a Hospital Negligence Lawsuit
Determining if you have grounds for a hospital negligence lawsuit depends on the specifics of your case. If you believe you or someone you love was the victim of medical malpractice, for example, you will need to prove that the medical provider who treated you failed to uphold the acceptable standard of care. This means that you must prove the doctor or nurse acted or failed to act in a way that one could reasonably have expected another qualified medical professional to have acted in the same or similar circumstances. A poor outcome following treatment does not necessarily mean you have grounds for a hospital negligence case.
You will also likely need to establish that the doctor or nurse was an employee of the hospital and, therefore, the hospital is liable for the medical provider’s conduct. Hospitals often try to limit their liability for these types of events by classifying doctors, surgeons, and other medical professionals as non-employees, but the law may still be on your side if you had reason to believe the medical provider who treated you was an employee of the hospital.
If you were injured in a hospital not because of poor or substandard care but due to hazards on the premises, you may be able to bring a premises liability lawsuit. To do so, you will need to prove that you were injured by a dangerous condition that the hospital (or another liable party, such as a building manager) knew about or reasonably should have known about. You will also need to prove that, despite knowing about the condition, the hospital failed to take proper/adequate measures to remove, repair, or warn others of the condition.
How Long Do You Have to File a Hospital Negligence Claim in Louisiana?
Your time to bring a hospital negligence lawsuit in Louisiana is relatively short. If you wish to file a negligence claim against a hospital in Louisiana, we strongly encourage you to reach out to our firm as soon as possible so that we can begin building your case.
Medical Malpractice Statute of Limitations in Louisiana
The statute of limitations on medical malpractice claims in the state is one year from the date of injury or one year from the date on which you knew about or reasonably should have known about the injury. The statute of repose on these claims is three years, meaning you cannot bring a claim after three years have passed since the date of injury, regardless of when you discovered the injury.
Hospital Premises Liability Statute of Limitations in Louisiana
This same statute of limitations—one year from the date of injury or one year from the date on which the injury was discovered/reasonably could have been discovered—exists for premises liability cases, as well.
How Our Team Can Help You
Hospital negligence claims are challenging, but with the right legal team on your side, you can obtain the justice you and your family deserve. At Parker Alexander, our Monroe hospital negligence lawyers fight for maximum recovery for the injured, allowing them the financial resources they need to keep up with mounting medical bills, lost wages, and severe pain and suffering.
We do not collect any attorneys’ fees unless we win your case; you will never pay any out-of-pocket expenses when you work with our firm. If necessary, we can travel to meet you in your home or at the hospital, and we offer evening and weekend appointments by request.
Decades of legal Experience
Give us a call at (318) 625-6262 or submit a free online case evaluation form today to get started.
Monroe, LA - Four-Vehicle Crash on Hwy 165 Sends Two to Hospital
