When we seek medical care, we place enormous trust in hospitals, doctors, and other medical professionals to provide safe and competent treatment. Unfortunately, mistakes happen, and when a hospital’s negligence causes serious injury, illness, or even death, patients and their families often wonder: Can you make a hospital negligence claim and sue? The answer is yes, but the process is complex and requires skilled legal guidance.
At Wagner Reese, we have decades of experience representing victims of medical malpractice across Indiana. A medical malpractice attorney from our law firm has the experience you’re looking for, as our team has nearly three decades of experience handling cases involving surgical errors, birth injuries, misdiagnoses, medication errors, and failures in hospital policies or staffing. We understand how devastating medical negligence can be, and we fight tirelessly to help our clients secure the compensation they need for medical bills, lost wages, and long-term care.
The legal process for suing a hospital typically involves a thorough investigation, gathering medical records, consulting with expert witnesses, and filing a claim in civil court. Hospitals and their insurers often have powerful legal teams, which makes it critical to have an experienced medical malpractice attorney on your side.
Choosing Wagner Reese means choosing a firm with a proven track record in complex medical malpractice litigation. We combine compassionate client service with aggressive courtroom advocacy, ensuring that your story is heard and your rights are protected. If you or a loved one has suffered due to hospital negligence, we are here to guide you every step of the way. Contact us right away for a free consultation.
Understanding Hospital Negligence
Hospital negligence occurs when a medical facility or its staff fails to provide the accepted standard of care, and that failure directly results in harm to a patient. In legal terms, it is a form of healthcare employee negligence. This means that the hospital, hospital administrators, or its employees acted (or failed to act) in a way that another reasonably competent provider would not have under the same circumstances. Hospitals can be held responsible not only for their policies and procedures but also for the conduct of their staff, including nurses, medical technicians, and emergency room doctors.
Examples of Hospital Negligence
Hospital negligence can take many forms, but some of the most common include those listed below:
Emergency Room Errors: In chaotic ER settings, mistakes such as misdiagnosis, delayed treatment, or medication errors can lead to severe patient injuries. For example, if hospital or medical staff fail to recognize the signs of a heart attack or stroke, the consequences can be life-altering or even fatal.
Surgical Mistakes: Errors during surgery, such as operating on the wrong body part, leaving instruments inside a patient, or failing to monitor vital signs, are serious examples of negligence.
Improper Staffing or Training: Hospitals are responsible for hiring qualified staff and ensuring they are adequately trained. When an underqualified or overworked hospital employee makes mistakes, the hospital may be liable.
Failure to Monitor Patients: Neglecting to monitor a patient’s vital signs, post-surgical recovery, or medication schedule can result in preventable harm.
Infections and Unsanitary Conditions: Hospitals must maintain strict hygiene standards. Failure to do so can expose patients to dangerous infections.
Medication Errors: A medical error can happen in an instant, with long-lasting effects. Administering the wrong drug or dosage can cause serious complications, especially for vulnerable patients.
Wrongful Death: In the most tragic cases, hospital employee negligence can lead to wrongful death, leaving families with immense grief and financial hardship.
Whether it’s a preventable infection, a missed diagnosis, or a catastrophic surgical error, these situations highlight the importance of holding the hospital and healthcare provider accountable when their failures cause harm.
Legal Grounds for Suing a Hospital
When patients suffer harm in a medical setting, it is natural to question whether the hospital can be held legally responsible. The answer often depends on whether the harm resulted from a healthcare provider’s negligence or a systemic failure within the facility. A hospital malpractice claim arises when the hospital, through its policies, procedures, or employees, fails to meet the accepted standard of care, and that failure directly causes injury to a patient.
Duty of Care and Patient Safety
Hospitals have a legal duty to ensure patient safety at every stage of treatment. This duty extends beyond the actions of individual doctors. It includes providing a safe environment, hiring qualified staff, maintaining proper equipment, and enforcing policies that protect patients. When a hospital breaches this duty, it can form the basis of a malpractice lawsuit. For example, if a hospital fails to sterilize surgical tools properly, leading to an infection, the hospital may be held liable for negligence.
Vicarious Liability for Hospital Staff
One of the most common grounds for suing a hospital is vicarious liability, which means the hospital can be held responsible for the mistakes of its employees. Nurses, technicians, and hospital staff are generally considered employees of the hospital. If a nurse administers the wrong medication or a technician misreads a diagnostic test, the hospital may be liable for those errors. However, doctors are sometimes independent contractors rather than employees, which can complicate liability. Determining whether a doctor is considered hospital staff or an independent provider is often a crucial part of medical malpractice cases.
Direct Negligence by the Hospital
Hospitals may also be sued for their own direct negligence, separate from the actions of individual providers. Examples include:
Improper staffing: Failing to provide adequate nurse-to-patient ratios, leading to dangerous oversights
Inadequate training: Allowing staff to perform tasks they are not properly trained or certified to handle
Poor supervision: Failing to monitor the performance of doctors and staff, especially when prior complaints or mistakes have been documented
Policy failures: Not having appropriate safety protocols in place, such as fall prevention measures or infection control procedures.
Establishing a Malpractice Claim
To succeed in a hospital malpractice claim, a patient must prove four elements:
- The hospital owed a duty of care.
- The hospital breached that duty through negligence.
- The breach directly caused harm.
- The patient suffered damages, such as medical expenses, lost wages, or pain and suffering.
Because hospitals and their insurers aggressively defend against these claims, proving negligence often requires expert testimony, detailed medical records, and a thorough legal strategy.
In short, hospitals can be held accountable when their actions, or the actions of their staff, fall below the standard of care expected in the medical community. By pursuing legal action, patients not only seek compensation for their injuries but also help push hospitals to prioritize patient safety and prevent future harm from health care providers who are a danger to others.
What to Expect in a Hospital Negligence Lawsuit
Filing a hospital negligence lawsuit can feel overwhelming, but understanding the process helps set realistic expectations. The legal journey typically begins with a thorough investigation of medical records, expert consultations, and filing a hospital malpractice claim in court. From there, the case may move into discovery, where both sides exchange evidence and depose witnesses. This stage can take months, sometimes longer, depending on the complexity of the case. Many medical malpractice cases are resolved through settlement negotiations, but if a fair agreement cannot be reached, the case may proceed to trial.
The potential outcomes vary. Some patients receive favorable settlements that cover medical expenses, lost wages, and pain and suffering. Others may secure jury verdicts awarding significant compensation, particularly in cases involving permanent disability or wrongful death. Compensation can include both economic damages (such as ongoing medical care costs) and non-economic damages (such as emotional distress).
While no lawsuit can undo the harm caused by a healthcare provider’s negligence, a successful claim can provide financial stability and accountability. With experienced attorneys like those at Wagner Reese guiding the process, patients and families can pursue justice while focusing on healing.
Choose Wagner Reese for Your Hospital Negligence Case
At Wagner Reese, we know that medical malpractice cases are some of the most complex and emotionally difficult legal battles a family can face. We’re here to help you seek justice. Our approach is thorough, compassionate, and strategic. From the very first consultation, we take the time to listen to your story, review your medical records, and consult with trusted experts who can help us build the strongest possible case. We dig deep into hospital policies, staff practices, and every detail of your care to uncover where the system failed and how it caused your injuries. Whether it was hospital errors or medication prescribing mistakes by a hospital staff member, our independent medical experts will prove that you’ve suffered due to their actions or inactions.
Having experienced legal guidance makes all the difference. Hospitals and their insurers are backed by powerful legal teams whose goal is to minimize or deny your claim. With Wagner Reese on your side, you have advocates who know how to challenge those defenses, negotiate aggressively for fair settlements, and, when necessary, take your case to trial. Our attorneys have decades of experience holding negligent hospitals accountable and securing meaningful compensation for our clients.
You have legal rights. If you believe you or a loved one suffered harm due to a negligent party at the hospital, don’t wait. Contact Wagner Reese today for a free case evaluation and let us fight for the justice and financial recovery you deserve.
