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April 6th, 2013

Can a Pennsylvania hospital be sued for medical malpractice?

Can a Pennsylvania hospital be sued for medical malpractice?

Question: Can a Philadelphia hospital be sued for medical malpractice?

A: In Pennsylvania, hospitals can be sued for negligence which leads to injury or worsened outcomes. In cases where a negligent act occurs at a hospital, like a surgical error or misread diagnostic test, the hospital will be named as a defendant in the malpractice lawsuit.

In Philadelphia, hospital malpractice cases are often won or lost on complex issues. Increasingly, succeeding in a hospital malpractice case in Philadelphia requires hiring multiple experts. For instance, in a hospital malpractice case involving post-surgical infection, both an infectious disease medical expert and a medical surgical expert would be required to establish negligence.

More: Philadelphia Hospital Medical Malpractice Lawsuits – Tough, But Worthy

Corporate Negligence Claims in Hospital Malpractice Lawsuits in PA

A hospital’s liability in a Pennsylvania medical malpractice lawsuit is usually based on a theory of corporate negligence. A claim of corporate negligence is based on the acts of the hospital itself, a failure to institute or a failure to properly enforce a relevant policy, procedure or protocol. In addition, Pennsylvania medical malpractice law allows injured patients to make claims against hospitals for negligence of hospital employees. For example, a hospital may be liable for a hospital pharmacist in a medicine error case or a hospital radiologist in a situation where a CT scan is misread.

A Brief Explanation of Hospital Malpractice Lawsuits in PA

In many hospital malpractice cases filed in Philadelphia, the injured patient will bring the case directly. In cases in which the patient has died, the patient’s surviving family members may be able to bring a wrongful death/survival action. If the injured patient has a spouse, the spouse may also be a party to the lawsuit. The basis of a spouse’s claim in medical malpractice cases is known as a loss of consortium claim. These claims recognize that spouses suffer as well and have a right to be compensated for loss of companionship, comfort, intimacy, etc.

Claims are often made for economic losses like medical bills and lost wages, as well as pain and suffering damages. Pain and suffering damages compensate the injured party for the physical pain and mental suffering caused by a hospital’s negligent actions.

Medical malpractice cases involving hospitals are usually very complex and should be reviewed by a knowledgeable medical malpractice lawyer as soon as possible.

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