Going to the hospital is supposed to make you feel better, not worse. But sometimes, mistakes happen—serious ones that can lead to long-term health problems or even life-threatening situations. If you or a loved one has suffered because of a hospital’s mistake, you might be wondering if you have a hospital negligence claim.
At William W. Price P.A., we help people in Boca, West Palm Beach, Boynton Beach, and Jupiter figure out if they have a case and what steps to take next. This guide will walk you through what hospital negligence is, how to know if you have a claim, and what to do about it.
What Is a Hospital Negligence Claim?
A hospital negligence claim is when a patient takes legal action against a hospital because they were harmed due to poor medical care. This can happen when a doctor, nurse, or other hospital staff makes a serious mistake or when the hospital itself fails to provide a safe environment.
Hospitals can be held responsible for negligence in a few different ways:
- A doctor or nurse working at the hospital made a mistake that caused harm.
- The hospital didn’t follow proper safety procedures.
- Unsanitary conditions led to infections or other health issues.
That said, not every bad medical experience means you have a legal case. To win a claim, you’ll need to prove that the hospital’s negligence directly caused your injury.
Do You Have a Case? 4 Key Factors Explained
If you’re thinking about filing a hospital negligence claim, one of the first things you need to figure out is whether you actually have a case. Not every bad experience at a hospital means the hospital was legally negligent. To win a claim, you’ll need to prove four key things:
- The hospital owed you a duty of care.
- The hospital failed to provide proper care.
- That failure directly caused your injury.
- You suffered damages because of it.
Let’s break down each of these factors in detail so you can better understand if your situation qualifies as hospital negligence.
1. The Hospital Owed You a Duty of Care
What does this mean?
When you go to a hospital for treatment, you are putting your trust in the medical professionals who work there. The hospital has a legal obligation to provide competent medical care. This is called a duty of care—a legal responsibility that hospitals and healthcare providers have to treat patients with skill, caution, and professionalism.
Who does this apply to?
- Patients who are admitted to the hospital.
- Patients treated in the emergency room.
- Patients receiving outpatient services, like lab tests or minor procedures.
Hospitals are responsible for the actions of their employees, such as nurses, technicians, and staff doctors. If a hospital worker makes a serious mistake while treating you, the hospital may be liable.
Does this apply to all doctors?
Not always. Some doctors work as independent contractors rather than hospital employees. If a doctor who isn’t directly employed by the hospital makes a mistake, the hospital may not be held responsible—but you could still have a case against the doctor individually. A lawyer can help determine who is legally liable in your situation.
2. The Hospital Failed to Provide Proper Care
What does this mean?
Hospitals must follow accepted medical standards. If they fail to meet these standards, it’s considered negligence. But what counts as improper care?
Here are some examples of hospital negligence:
- Misdiagnosing or failing to diagnose an illness – If a doctor ignores clear symptoms or misreads test results, leading to the wrong treatment or no treatment at all.
- Surgical errors – Performing the wrong procedure, operating on the wrong body part, or leaving surgical tools inside a patient.
- Medication mistakes – Giving the wrong drug, the wrong dosage, or failing to check for dangerous drug interactions.
- Infections due to unsanitary conditions – Hospitals are supposed to maintain strict hygiene to prevent infections. If they don’t, and you get an infection, they may be responsible.
- Failure to monitor patients properly – If nurses or doctors don’t check on patients as they should and a serious condition goes unnoticed, the hospital could be liable.
- Ignoring patient complaints – If a patient repeatedly tells hospital staff that something is wrong and they are ignored, leading to harm, this could be negligence.
How do you prove the hospital was negligent?
You must show that the hospital’s actions (or lack of action) fell below the standard of care. A medical expert—usually another doctor—can testify about what should have been done and how the hospital’s mistake caused harm.
3. That Mistake Led to Your Injury
What does this mean?
Not every hospital mistake leads to a hospital negligence claim. Even if a hospital worker made an error, you must prove that the error directly caused your injury or worsened your condition.
Here’s an example:
- A doctor misdiagnoses a patient’s heart attack as indigestion and sends them home. The patient later suffers a major heart attack that could have been prevented with proper treatment. This would be a strong example of hospital negligence.
Now, let’s say:
- A doctor prescribes the wrong medication, but it doesn’t cause any harm before the mistake is caught. In this case, while the mistake was serious, there’s no actual damage, so there wouldn’t be a legal claim.
How do you prove that negligence caused your injury?
You will need medical records, test results, and sometimes expert witnesses who can explain how the hospital’s mistake led to your harm.
What if you already had a medical condition?
Many people who file hospital negligence claims already had health problems before the hospital visit. That’s okay—you just need to prove that the hospital made things worse. For example, if you went in for a routine surgery but ended up with a preventable infection due to poor sanitation, that infection is directly tied to the hospital’s negligence.
4. You Suffered Damages Because of It
What does this mean?
Even if a hospital made a mistake and caused you harm, you can only file a claim if you suffered real, measurable damages. In other words, the mistake must have cost you something—physically, emotionally, or financially.
Here are some examples of damages you may be able to recover:
- Medical bills – If you needed additional treatment, surgeries, or hospital stays because of the hospital’s mistake.
- Lost wages – If you missed work due to your injury or can no longer work as you did before.
- Pain and suffering – Compensation for the physical pain and emotional distress caused by the negligence.
- Ongoing care – If you need physical therapy, home care, or long-term medical support.
- Wrongful death – If hospital negligence caused the death of a loved one, their family may be able to file a claim for funeral expenses, loss of income, and emotional suffering.
How do you prove damages?
You will need documentation such as:
- Hospital bills and receipts.
- Pay stubs or tax returns to show lost income.
- Doctor’s notes explaining how the negligence affected your health.
- Testimony from friends or family about how your life has changed due to the injury.
Do All Four Factors Apply to You?
If you can answer yes to these four questions, you likely have a hospital negligence claim:
- Did the hospital owe you a duty of care? (Were you a patient there?)
- Did the hospital fail to provide proper care? (Did a mistake happen?)
- Did that mistake cause harm? (Did your condition get worse because of it?)
- Did you suffer damages? (Did you have extra medical bills, lost wages, or pain and suffering?)
If all four factors apply to your situation, you may have a strong case. The next step is speaking with an experienced attorney who can help you move forward.
Common Types of Hospital Negligence Claims
Hospitals are supposed to be places where patients receive professional, high-quality care. However, mistakes can happen, and when they do, the consequences can be life-changing. Hospital negligence claims arise when patients are harmed because a hospital or its staff failed to provide the standard of care expected in the medical field.
But what does that really mean? Below, we’ll explore the most common types of hospital negligence and how they can affect patients. If any of these situations sound familiar, you might have grounds for a hospital negligence claim.
Misdiagnosis or Delayed Diagnosis
What is it?
One of the most common forms of hospital negligence occurs when a doctor fails to correctly diagnose an illness or delays the diagnosis, preventing the patient from receiving the right treatment in time.
Why is this dangerous?
Many illnesses, like cancer, heart attacks, and strokes, require quick and accurate diagnosis to ensure proper treatment. A delay in identifying the problem can make the condition worse, leading to unnecessary suffering or even death.
Examples of misdiagnosis or delayed diagnosis:
- A patient arrives at the ER with chest pain, but the doctor dismisses it as indigestion instead of a heart attack. Hours later, the patient suffers a massive heart attack that could have been prevented with proper testing.
- A doctor mistakes the symptoms of meningitis for the flu, delaying treatment. By the time the correct diagnosis is made, the patient has suffered brain damage.
- A woman repeatedly tells her doctor about severe abdominal pain, but they don’t take her concerns seriously. Months later, she is diagnosed with advanced-stage ovarian cancer that could have been caught earlier.
Can a hospital be held responsible?
If the misdiagnosis or delayed diagnosis resulted from poor hospital procedures, a lack of proper testing, or a failure to follow standard medical protocols, the hospital may be liable.
Surgical Errors
What is it?
Surgery requires precision and expertise, but mistakes can and do happen. When a surgical team fails to follow proper procedures or acts carelessly, patients can suffer serious harm.
Why is this dangerous?
Unlike other types of medical mistakes, surgical errors often cause immediate and severe consequences. Some errors can lead to permanent disability, infections, internal bleeding, or even death.
Examples of surgical errors:
- A surgeon operates on the wrong body part, such as removing the wrong kidney.
- Surgical instruments or sponges are left inside a patient’s body, leading to severe infections.
- A patient is given too much or too little anesthesia, causing serious complications.
- A surgeon accidentally cuts or damages a nerve that results in permanent disability.
Can a hospital be held responsible?
Yes. Hospitals must ensure their surgical teams follow strict protocols to prevent errors. If the mistake was caused by poor training, overworked staff, or failure to follow proper safety measures, the hospital could be liable for negligence.
Medication Mistakes
What is it?
Medication errors happen when patients are given the wrong drug, the wrong dosage, or a medication that interacts dangerously with another drug they’re taking.
Why is this dangerous?
Certain medications can be deadly if not administered correctly. A small mistake in dosage or prescription can cause life-threatening side effects.
Examples of medication mistakes:
- A nurse gives a patient a much higher dose of pain medication than prescribed, leading to an overdose.
- A doctor prescribes a medication that the patient is allergic to, despite clear records of the allergy.
- Two drugs are prescribed together, causing dangerous interactions that lead to seizures or organ failure.
- A hospital pharmacy mislabels a medication, causing nurses to give patients the wrong drug.
Can a hospital be held responsible?
Yes. Hospitals are required to have checks and balances in place to prevent medication errors. If a mistake happens due to poor procedures, lack of proper labeling, or rushed staff, the hospital could be held accountable.
Hospital-Acquired Infections
What is it?
Hospitals are supposed to be clean, sterile environments, but if sanitation protocols aren’t followed, patients can end up sicker than when they arrived. Hospital-acquired infections (HAIs) happen when patients develop serious infections due to poor hygiene, contaminated equipment, or unsafe medical practices.
Why is this dangerous?
Many hospital-acquired infections are resistant to antibiotics, making them incredibly hard to treat. Some infections can lead to sepsis, a life-threatening condition where the body goes into shock.
Examples of hospital-acquired infections:
- MRSA (Methicillin-resistant Staphylococcus aureus) – A drug-resistant bacterial infection that spreads easily in hospitals.
- C. difficile (Clostridium difficile) – A bacterial infection that causes severe diarrhea and is linked to poor sanitation in hospitals.
- Surgical site infections – Infections that develop in a surgical wound due to improper sterilization of instruments or the operating room.
Can a hospital be held responsible?
Yes. Hospitals must follow strict hygiene and infection-control protocols to prevent these illnesses. If they fail to do so, they can be held liable for negligence.
Birth Injuries
What is it?
Birth injuries happen when medical professionals make errors during labor and delivery, leading to serious harm for the baby or mother.
Why is this dangerous?
Mistakes during childbirth can lead to lifelong disabilities for the baby, such as cerebral palsy or brain damage. For mothers, birth injuries can cause severe complications, including excessive bleeding and organ damage.
Examples of birth injuries:
- A doctor fails to perform a C-section in time, causing the baby to suffer from oxygen deprivation.
- Improper use of forceps or vacuum extractors leads to skull fractures or brain damage.
- A newborn is given the wrong medication immediately after birth, causing complications.
Can a hospital be held responsible?
Yes. Hospitals must have trained professionals who follow best practices for labor and delivery. If a birth injury occurs due to negligence, the hospital could be held liable.
Lack of Proper Patient Monitoring
What is it?
Hospitals have a responsibility to monitor patients closely, especially after surgery or when they are in critical condition. If a hospital fails to do this, patients can suffer preventable complications.
Why is this dangerous?
A patient’s condition can worsen quickly, and if no one is paying attention, the result can be fatal.
Examples of lack of proper monitoring:
- A patient in intensive care is not checked frequently enough, and their condition worsens unnoticed.
- Nurses fail to monitor a patient after surgery, leading to an undetected blood clot.
- A patient shows clear signs of distress, but no action is taken, resulting in cardiac arrest.
Can a hospital be held responsible?
Yes. If a hospital doesn’t provide proper staffing, training, or procedures for monitoring patients, they can be held liable for any resulting harm.
Do You Have a Case?
If you or a loved one has suffered due to any of these types of hospital negligence, you might have a case. The best way to find out is to speak with an experienced attorney who can review your situation and explain your legal options.
What to Do If You Think You Have a Case
If you suspect that a hospital’s negligence has harmed you or a loved one, you may be feeling frustrated, overwhelmed, or unsure of what to do next. The good news is that you don’t have to figure it out alone. Taking the right steps now can strengthen your hospital negligence claim and help you receive the compensation you deserve.
Below are the key actions you should take if you believe you have a case.
1. Get Medical Attention
Your health is the top priority. If a hospital’s mistake has caused you harm, you should seek medical attention from a different provider as soon as possible. Getting a second opinion can:
- Help diagnose any additional harm caused by the hospital’s negligence.
- Provide a clear medical record that links your injury to the hospital’s mistake.
- Ensure you receive the right treatment to prevent further complications.
What if I’m unsure whether the hospital’s actions harmed me?
Sometimes, the effects of medical negligence aren’t immediately obvious. You might not realize that a misdiagnosis or incorrect treatment has worsened your condition until weeks or months later. If you have any doubts, it’s always a good idea to consult another doctor to assess whether you suffered additional harm due to the hospital’s actions.
2. Gather Evidence
A strong hospital negligence claim is built on evidence. From the moment you suspect negligence, start collecting anything that could support your case. This includes:
- Medical records and test results – These will show what treatments you received and help identify where things went wrong.
- Prescriptions and medication lists – If medication errors occurred, you’ll need proof of what drugs were prescribed or administered.
- Hospital bills and receipts – These documents can demonstrate the financial burden caused by the hospital’s mistakes.
- A personal journal – Keep a detailed record of your symptoms, pain levels, emotional distress, and any difficulties you experience due to the hospital’s negligence. This can provide valuable evidence of how the mistake affected your daily life.
- Photographs – If you have visible injuries, take pictures as evidence. This is particularly important for surgical errors, infections, or physical complications.
Why is gathering evidence so important?
Medical malpractice cases often involve complex medical details, and hospitals will typically have legal teams defending them. The more documentation you have, the easier it will be to prove that the hospital’s negligence directly caused your injury.
3. Request Your Medical Records
Your medical records are one of the most critical pieces of evidence in a hospital negligence case. They provide a detailed history of your condition, treatment, and any changes in your health.
Do I have the right to my medical records?
Yes. Under federal law (the Health Insurance Portability and Accountability Act, or HIPAA), you have the right to request a copy of your full medical records, including:
- Doctor’s notes
- Test results
- Treatment plans
- Medication orders
- Surgical reports
How do I request my medical records?
- Contact the hospital’s medical records department. You may need to fill out a request form.
- Be specific about what records you need. If you believe a certain test or treatment was mishandled, request records related to that.
- Keep a copy of your request. If the hospital refuses or delays providing records, this could be evidence of further negligence.
What if the hospital refuses to give me my records?
Hospitals must provide medical records within a reasonable timeframe, usually 30 days. If they refuse, delay, or provide incomplete records, you may need an attorney’s help to obtain them.
4. Speak with a Lawyer
Hospital negligence cases are complex, and proving that a hospital’s actions caused your injury requires strong legal arguments and medical expertise. A lawyer with experience in medical malpractice and hospital negligence claims can help you:
- Understand your legal rights – A lawyer can explain whether your case meets the legal standards for negligence.
- Gather expert testimony – Many cases require testimony from medical experts who can confirm that the hospital’s actions fell below acceptable medical standards.
- Handle negotiations – Hospitals and insurance companies often try to settle cases quickly for less money than victims deserve. An attorney will fight for a fair settlement.
- Take the case to court if necessary – If a settlement isn’t possible, an attorney can present your case in court and advocate for maximum compensation.
When should I contact a lawyer?
As soon as possible. Hospital negligence cases have strict deadlines, and waiting too long could limit your ability to file a claim. The sooner you consult an attorney, the better your chances of building a strong case.
How Long Do You Have to File a Claim?
In Florida, you generally have two years from the date you discovered the injury to file a hospital negligence claim. However, there are exceptions that may affect your deadline:
- If the negligence wasn’t immediately discovered – In some cases, patients don’t realize they were harmed until much later. If the injury wasn’t obvious right away, you may have up to four years to file a claim.
- If the case involves a minor – If the victim is a child, different time limits may apply. Speak with a lawyer to determine the specific rules for your case.
- If fraud or concealment was involved – If a hospital intentionally covered up its mistakes or altered records, the time limit might be extended.
What happens if I miss the deadline?
If you wait too long to file, the court may dismiss your case, and you will lose the right to seek compensation. That’s why it’s important to act quickly and consult a lawyer as soon as possible.
What Compensation Can You Get?
If your hospital negligence claim is successful, you may be able to recover compensation for:
- Medical bills – Covering current and future healthcare costs caused by negligence.
- Lost wages – If your injury caused you to miss work or affected your ability to earn.
- Pain and suffering – Compensation for physical pain and emotional distress.
- Punitive damages – In rare cases, hospitals can be ordered to pay additional damages as punishment for extreme negligence.
Talk to a Lawyer About Your Case
If you’re dealing with the effects of hospital negligence, you don’t have to figure it out alone. At William W. Price P.A., we take pride in helping victims of medical mistakes get the justice they deserve.
If you think you might have a hospital negligence claim, contact us today for a free consultation. Our experienced attorneys serve clients in Boca, West Palm Beach, Boynton Beach, and Jupiter, ensuring you get the personal attention and legal guidance you need.
