Hospitals have a duty to ensure that their staff, including doctors, nurses, and other healthcare providers, deliver competent care and follow proper protocols to protect patient safety. Oversights, staff shortages, and other issues, unfortunately, often lead to hospitals deviating from the practices required to keep patients safe, and such errors can lead to injury, illness, and in some cases, death. In Maryland, hospitals, like all healthcare providers, can be held liable for medical malpractice if their mistakes cause patients harm. As such, if you or a loved one sustained injuries due to a hospital’s errors, it is advisable to talk to an attorney about what damages you may be owed. The capable Baltimore medical malpractice attorneys of Arfaa Law Group possess the skills and resources needed to navigate challenging claims against hospitals, and if you engage our services, we will gather the evidence needed to provide you with a strong chance of achieving favorable results.
Common Types of Hospital MalpracticeHospital malpractice can take many forms, from administrative errors to medical mistakes made by healthcare providers. Some of the most common forms of hospital malpractice include medication errors, surgical mistakes, failure to monitor patients, and infections acquired during a hospital stay. Hospitals are responsible for ensuring that their staff follow proper procedures when administering medication, but mistakes can happen when the wrong dosage is given or a patient is given the wrong medication entirely. These errors can have serious consequences, including allergic reactions, overdose, or worsening of the patient’s condition.
Surgical mistakes, such as performing the wrong procedure, operating on the wrong site, or leaving surgical instruments inside the patient, are another common form of hospital malpractice. These errors can lead to life-threatening complications, infections, or the need for additional surgeries to correct the mistake. Failure to monitor patients, especially those in critical condition or recovering from surgery, can also constitute malpractice if it leads to a patient’s condition worsening or going unnoticed.
Hospitals are also responsible for maintaining a safe and sanitary environment to prevent infections. However, patients can sometimes acquire serious infections during their hospital stay, especially if proper sanitation protocols are not followed. Hospital-acquired infections, such as sepsis or pneumonia, can result in prolonged hospital stays, additional treatments, and in some cases, death.
Proving Hospital Malpractice in MarylandOne of the key challenges in hospital malpractice cases is determining who is liable for the patient’s injuries. In Maryland, hospitals can be held directly or vicariously liable for hospital malpractice. Direct liability arises when the hospital’s policies or procedures contribute to the injury. For example, if a hospital fails to properly train its staff or maintain adequate safety protocols, it may be directly responsible for the resulting harm.
In order to demonstrate a hospital’s direct liability, a plaintiff will usually need to prove the hospital’s negligence. In Maryland, this means that the plaintiff must offer evidence establishing that the defendant owed it a duty and that the defendant subsequently breached the duty owed. The duty a healthcare provider, including a hospital, owes a patient is to abide by the applicable standard of care, which is the level of care a competent healthcare provider in the same field would offer in a similar situation. Any departure from the standard is considered a breach. The plaintiff then has to demonstrate that the breach proximately caused the plaintiff to suffer quantifiable losses. Expert testimony is usually required to explain the standard of care, how the defendant failed to uphold the standard and to demonstrate causation.
Vicarious liability, on the other hand, occurs when a hospital is held responsible for the negligence of its employees. Under the doctrine of respondeat superior, hospitals are generally liable for the actions of their staff members if those actions were performed within the scope of their employment.
It is important to note that not all medical professionals who work at a hospital are considered hospital employees. Many doctors are independent contractors, and their negligence may not necessarily result in hospital liability unless the hospital's own negligence contributed to the harm.
Instead, the doctor may be individually liable for their negligence.
Confer With a Knowledgeable Baltimore Medical Malpractice Attorney TodayIf you or a loved one suffered harm because of hospital malpractice, you have the right to pursue damages, and you should confer with an attorney regarding your options. The knowledgeable Baltimore medical malpractice attorneys of Arfaa Law Group know what it takes to prevail in cases against negligent healthcare providers, and if we represent you, we will fight tirelessly to help you seek the justice you deserve. Our office is located in Baltimore, and we frequently represent people in medical malpractice claims throughout the city. You can reach us to arrange a consultation by calling us at 410-889-1850 or using our online form.