When you walk into a hospital, you place your trust in the system and its staff to provide you with the care you need. It’s easy to assume that hospitals operate with your best interests in mind, but what happens when they fail? Serious consequences can arise when a hospital neglects its legal and ethical duties. If you or a loved one has suffered harm due to a hospital’s negligence, understanding its responsibilities is the first step to seeking justice.
The Legal and Ethical Responsibilities of Hospitals
Regardless of size or location, hospitals are bound by a wide range of legal and ethical duties. These responsibilities extend beyond just providing competent medical care. They encompass ensuring patient safety, upholding their rights, and fostering an environment conducive to recovery. Below are some of the key duties hospitals owe to every patient:
1. Provide Adequate Medical Care
Hospitals must deliver treatment that meets the accepted standard of care in the medical profession. This means patients should receive timely, skilled, and appropriate interventions for their condition. A failure to do so may lead to errors and worsened outcomes.
2. Maintain a Safe and Clean Environment
During hospitalization, patients are often vulnerable to infections and injury. Hospitals must ensure that the premises are clean, well-maintained, and free of hazards, such as faulty equipment or untrained staff handling procedures.
3. Screen and Supervise Medical Staff
A hospital is responsible for employing qualified physicians, nurses, and other healthcare professionals. Proper training, thorough credential checks, and adequate supervision form the backbone of safe healthcare delivery. Hiring unqualified staff or failing to monitor them might constitute negligence.
4. Inform and Obtain Consent
Patients have a right to be fully informed about their medical conditions, proposed treatments, and potential risks before consenting to any procedure. Hospitals must ensure that patients are given sufficient information to make educated decisions about their care.
5. Respect Patient Rights
This includes upholding the patient’s right to privacy and confidentiality under laws like HIPAA, honoring their autonomy in decision-making, and treating them with dignity and respect.
6. Respond to Emergencies
Hospitals cannot turn away someone in need of emergency medical care simply because they cannot pay. Laws like the Emergency Medical Treatment and Labor Act (EMTALA) mandate that hospitals stabilize and treat individuals experiencing medical emergencies.
When Hospitals Fail to Meet Their Responsibilities
Unfortunately, hospitals don’t always meet their obligations, and their failures can result in severe harm or even death. Here are some of the common ways hospitals breach their responsibilities to patients:
1. Negligent Hiring or Supervision
When a hospital hires medical staff who are untrained or unqualified or fails to properly supervise them, patients are put at risk. For example, a nurse failing to administer a medication due to lack of training correctly could lead to life-threatening complications.
2. Delayed or Denied Treatment
Prompt care is critical, especially in emergencies. Delaying necessary treatments or refusing care can worsen a patient’s condition and sometimes result in fatal outcomes.
3. Unsanitary Conditions
A lack of proper sanitation can lead to hospital-acquired infections (HAIs), such as MRSA or sepsis, which are often avoidable with proper cleaning and hygiene practices.
4. Medication Errors
Receiving the wrong medication, dosage, or treatment can occur for various reasons, like inattentiveness or communication breakdowns among staff.
5. Improper Maintenance of Equipment
Faulty medical devices, malfunctioning monitors, or broken hospital beds can all contribute to adverse outcomes during a patient’s stay.
6. Failing to Address Patients’ Needs
Ignoring or dismissing patient concerns can lead to missed diagnoses, unnecessary suffering, or exacerbation of existing conditions.
7. Security Failures
Hospitals must ensure both physical and informational security. A lapse in physical security (e.g., assaults, thefts) or data breaches of private medical records can cause serious harm to patients.
If any of these breaches sound familiar, it might be time to explore your legal options.
What to Do If A Hospital’s Negligence has harmed you
If you suspect that a hospital’s failure to meet its responsibilities has caused harm to you or your loved one, it’s important to act promptly. Here are the steps to follow:
1. Document What Happened
Gather as much information as possible about your experience. Keep a record of dates, names of medical staff involved, symptoms, and treatment you received. Take photos if there are physical injuries or unsanitary conditions at the hospital.
2. Request Medical Records
Your medical records are a key piece of evidence. They might reveal improper treatment, lapses in care, or discrepancies between what should have happened and what actually occurred.
3. Seek a Second Opinion
Getting another medical professional’s perspective on the situation can confirm whether the hospital truly failed to meet the standard of care. This is especially useful in cases involving misdiagnosis or improper treatment.
4. Report Your Concerns
Many hospitals have patient feedback systems where you can lodge complaints or report issues to regulatory bodies like your state’s health department.
5. Consult a Personal Injury Attorney
Hospital-related negligence can be particularly complex due to the number of people and systems involved. A personal injury attorney specializing in medical cases can help you determine if you have a valid claim, assess damages, and represent your interests every step of the way.
Why You Need a Personal Injury Attorney
Hospitals and medical institutions often have powerful legal teams and insurance companies working to protect them from liability. Taking on such entities by yourself can feel overwhelming. Here’s how an experienced personal injury attorney can help:
- Investigating Your Claim: Your attorney will examine medical records, consult experts, and uncover evidence to determine whether negligence occurred.
- Building Your Case: Proving hospital negligence requires demonstrating how a breach of duty caused measurable harm. An attorney can present a strong case that connects the dots.
- Negotiating with Insurance Companies: Hospitals and their insurers may offer lowball settlements to avoid legal battles. Your attorney will negotiate to ensure you receive proper compensation for medical bills, lost wages, and non-economic damages like pain and suffering.
- Representation in Court: If the hospital refuses to settle, your attorney will represent you at trial, advocating for your rights and justice.
Atlanta Medical Malpractice Lawyers
At DGL Attorneys At Law, we understand the complexities and challenges that patients face when navigating the healthcare system. Our experienced team of personal injury attorneys is dedicated to advocating for the rights of patients and ensuring they receive the care and compensation they deserve. If you or a loved one has experienced a medical error or negligence, our team in Dunwoody, GA is here to help. Contact us today at (770) 404-8239 to learn more about how we can support you in your pursuit of justice and fair compensation.