This is called strict liability. Not having to prove negligence saves money on expert fees which can run into hundreds of thousands of dollars and makes the case much easier to win. The time to sue is 2 years after the incident in the hospital.
Hospitals are afraid of this investigation: If a violation of the statute is alleged, the federal government comes into the medical facility and investigates not just the claimed violation, but any violation of any type from the statute. This gives the plaintiff lawyer great leverage with the hospital to settle both the state malpractice and federal EMTALA claims quickly and quietly. If hospitals are in serious violation of the EMTALA statute and do not promptly fix the problem they can lose their Medicare eligibility, which means they cannot collect money from Medicare.
This could close the hospital. Though some doctors are hospital employees, most doctors are not. A doctor is more likely to be an employee rather than an independent contractor if:. Hospitals attempt to avoid this problem by informing patients in the admission forms that the doctor is not a hospital employee. The situation is different for patients injured in an emergency room. Usually, the hospital does not have an opportunity to inform emergency room patients that a doctor is not an employee.
There are also a few states that say a hospital can be sued for emergency room malpractice regardless of what the patient believed or was told. A number of states hold the hospital responsible if it gives staff privileges to an incompetent or dangerous doctor, even if the doctor is an independent contractor. The hospital is also responsible if it should have known that a previously safe doctor had become incompetent or dangerous.
For example, if a doctor becomes severely addicted to drugs and the hospital management knew about it, or it was so obvious they should have known about it, a patient injured by that doctor can probably sue the hospital.
Contact GCW Lawyers to learn more about medical malpractice and if you have a case. When a mistake is made by the hospital that rises to the level of negligence, the patient who suffers harm as a result of this mistake has the legal right to receive compensation for any injuries that they may have suffered due to the error. Medical malpractice laws are in place to protect the legal rights of the patients who have been given substandard medical care, however, the fist step in asserting those rights must normally be taken by the patient themselves.
In order to know when you can sue a hospital for medical negligence it's important to understand what qualifies as "Medical Malpractice". If you were injured and believe it was the result of a hospital employee's negligence, your first step should be to contact an experienced Medical Malpractice Attorney for legal help.
Filing a lawsuit in general is never easy to do on your own, but when your want to file a lawsuit against an establishment such as a hospital, your chances of obtaining compensation on your own just got even harder. A hospital will have a team of lawyers who work for them, a team of lawyers will be ready to do whatever they can to deny your claim or offer you the lowest settlement amount possible. When you hire an attorney it will be up to them to prove that an employee of the hospital failed to uphold the standard level of care and because of this, you suffered considerable harm and injury.
Medical Malpractice is a serious offense, and you should not have to suffer further when you're injured because of someone else's careless or negligent actions. Having an attorney help with your case will ensure that you obtain the benefits that you are owed during this very difficult time. See more ».
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