How to Sue a Philadelphia Hospital
Philadelphia Medical Malpractice Lawyers Who Hold Pennsylvania Hospitals Accountable
A medical malpractice lawsuit involving a patient’s care within any Philadelphia hospital will present specific legal issues that can become rather complicated. There will often be complications in terms of who is actually the negligent party in some instances. This is because many hospitals will contend that their doctors and physicians don’t directly work for the hospital and instead conduct their own independent practices within the hospital’s “building”.
But when medical malpractice is committed in the form of medical errors, surgical errors, a misdiagnosis, birth injuries, medication errors, wrongful death, etc. by any healthcare professional within the walls of a hospital, the actual corporate entity that is the hospital may be held responsible for the patient’s subsequent damages under Pennsylvania law. When medical negligence is associated with any employee of the hospital, then the employee (agent) and employer (principal) are equally responsible and hospital malpractice may apply.
Medical malpractice and hospital negligence cases are often very complex sectors within personal injury law. It can be challenging to prove that a healthcare worker (and hospital) violated the professional standard of care. To prove this, and other elements of your case, our law firm can help identify the applicable statute of limitations, uncover the necessary elements of proof, present necessary expert witness opinions, calculate your past and future medical bills, evaluate your economic damages, and do much more to bring a successful hospital negligence claim to fruition.
Our team of Pennsylvania and New Jersey medical malpractice lawyers and personal injury attorneys have helped clients receive their full and rightful compensation. Reach out to us for a free consultation if you believe that you or a family member has suffered from botched medical treatment or any type of medical negligence involving a hospital.
We take pride in our attorney-client relationships, and after listening to your story we can begin taking the necessary steps towards devising a successful medical malpractice suit against any negligent healthcare providers.
Physician Negligence and Apparent Agency
Often people are surprised when they find out that many doctors and healthcare providers aren’t technically employed by the medical centers in which they work. Many hospitals in Philadelphia and throughout Pennsylvania will publicly market their team as “our doctors”, even when these healthcare professionals aren’t their true employees.
This can make medical malpractice claims a bit complicated because there are many instances in which hospitals will deny any liability for their non-employee physicians’ negligence. Hospitals will state that they work with independent contractor medical professionals who simply practice within their premises.
But this notion that a hospital is merely a “building” doesn’t always hold up in court, and they too can still be held responsible for the medical negligence a patient incurs even when there isn’t a direct employment relationship with the negligent medical professional.
The theory of apparent agency, or ostensible agency, asserts that a hospital can be held liable for a patient’s recovery of damages when the patient had a reasonable belief that their medical professional was a hospital employee, and the hospital offered the medical professional’s services with the insinuation of an employee relationship.
So in this instance, if a medical professional reasonably appeared to be a hospital employee, then a Pennsylvania court very well may consider them an employee and subsequently the hospital a negligent party.
What is Hospital Negligence?
Because there are so many independent contractors working in hospitals, a lot of medical malpractice victims aren’t quite sure about the legal constraints associated with suing a hospital for medical malpractice.
Hospital negligence is technically a type of corporate liability, and it can take on several different forms. In reality, this typically pans out in the hospital’s failure to do the following:
- Check and oversee the overall qualifications of their nurses and doctors who committed the negligent acts
- Uphold their duty to provide their patients with a reasonable amount of care toward the overall safety and maintenance of their facility/equipment
- Oversee every healthcare professional within their walls in terms of the quality of patient care
- Conduct their overall duty toward adopting, formulating and enforcing specific policies that ensure every patient’s quality of care
Steps to Suing a Philadelphia Hospital for Hospital Negligence
The following are a few steps in terms of successfully building a hospital negligence case:
- The statutes of limitations pertaining to filing a Pennsylvania medical malpractice claim is two years after the injury’s discovery, the discovery of medical malpractice, and/or the discovery of the overall connection between the patient’s injury and the malpractice. Understanding your case’s statute of limitations is always the first step, because if you don’t file your lawsuit within the time limit the court may dismiss your entire case.
- Pennsylvania courts will require you to provide an attorney-signed affidavit within 60 days of the submission of your hospital negligence claim. This affidavit must also include specific details that a medical expert provided written testimony that the hospital is at least more than likely at fault for medical malpractice. This step helps the state of Pennsylvania weed out unmerited claims.
- The next step is to officially draft and file your hospital negligence claim, and this will involve providing specific information including the patient’s and hospital’s names, as well as thorough descriptions of the alleged malpractice, the injury caused by the violation of the standard of care,, the subsequent damages associated with the injury, and other information. It’s crucial to properly file your complaint because not doing so can lead to long, costly delays within the legal process.
The Mattiacci Law team is here to help you through these intricate details as you initiate your hospital negligence claim. Contact our firm today to discuss your potential case.
Our Hospital Negligence Attorneys Are Here To Make A Difference
Our team is comprised of some of the experienced personal injury attorneys who have handled cases in Philadelphia and across Pennsylvania. We are here to help protect your rights against negligent hospitals and their employees/independent contractors.
If you or a loved one has suffered from any type of medical or hospital malpractice, contact us for a free consultation so we can review the details of your medical records and take the first toward holding the proper negligent parties accountable for your injuries and subsequent damages.