When it comes to negligence in a healthcare facility it encapsulates the whole scope of what is known as medical malpractice which comprises of everything from physician malpractice to nursing malpractice.
It also includes medical malpractice committed by a physical or occupational therapist, hospital liability, and willful negligence on behalf of the hospital administration itself. Statistics indicate that around 45% of plaintiffs in medical malpractice claims are inpatients at the time when any neglect or medical error occurs.
Types of hospital liability
As explained by legal counselors in Mississippi, and there is none better than Bullock & Wood who know how to win cases of this magnitude and complexity and who do not buckle under pressure, there are two types of hospital liability. First, the hospital is liable for the actions of its agents such as its staff members and other employees. In addition, the hospital is also liable for its own mistakes and negligence such as negligent hiring and negligent supervision, which can be deemed as hospital neglect.
Regarding the first type of liability, by virtue of something known as ‘respondeat superior’, the hospital is liable for the actions of anyone that it employs. This includes a physician, a clerk, or any other employee. This is why they are very careful who they hire and stringent background checks are done before they give the nod to any new employee. If they do not do this that is their fault.
Sacramento knows all about this with Alex Dale Thomas who was hired to be a janitor without having a background check done on him and who ended up raping and killing a high school senior. He is still on death row now which many people believe is pathetic; they say he should have been put down years ago.
Physician negligence, nurse negligence, and therapist negligence
Meanwhile, it is important to note that since 2004 when Mississippi put a cap of $500,000 on non-economic damages and made it mandatory for case certification, the number of lawsuits fell by 70% while the costs of liability insurance was reduced by almost 50%.
While a lot of contractors and other independent healthcare providers work in hospitals without being directly employed by the hospital, in such cases, the hospital itself cannot be held liable for the actions of the contractor. However, when a physician is an employee of the hospital and is found to be negligent, then the hospital can be held liable for damages and physician’s negligence will likely fall into one of the following classifications:
- Negligent affecting pregnancy and childbirth
- Error in prescription
- Error in administering a drug or dose
- Surgical errors or mistakes
Moving on to nurse negligence, it must be noted that nurses can also make mistakes in tasks or duties that they are required to carry out which can amount to negligence. Some examples of nurse negligence include:
- Failing to monitor a patient properly
- Failure to measure and record the vital signs of a patient in a timely manner
- Failure to note one of the crucial vital signs
- Failure to make an entry of the patients nursing record into the patient chart
- Administering incorrect medication or incorrect dose of the correct medication
- Failure to monitor and prevent bed sores by moving around a patient who is mostly bed ridden and immobile
Likewise, there is also therapist negligence that includes failure to follow instructions of doctor, causing injury to patient due to excessive force or roughness in physiotherapy, and so on.
Why you need a medical malpractice lawyer
Winning a medical malpractice lawsuit against a hospital is an uphill task and requires an abundance of evidence and an expert testimony during the trial. Only a medical malpractice lawyer in Mississippi such as Bullock & Wood can help you with this. Make sure to seek legal assistance as early as possible. Bullock & Wood are waiting to hear from you.
The first meeting is free. What is your side of the story? Call Bullock & Wood now!