Hospital negligence can result in serious injuries and even deaths. If you have been injured as the result of negligence while you were a patient in a hospital, or if a loved one died due to hospital negligence, you may be able to file a claim and collect compensation for pain and suffering, lost wages, medical expenses and other losses. Some of the most common forms of hospital negligence include wrong-site surgeries, medication errors, surgical errors, development of hospital-acquired infections, improper use of anesthesia, improper treatment of a diagnosed medical condition, failure to monitor or stabilize a patient, or improper use of a medical device.
Wrong-site surgeries are when a physician removes the wrong limb during an amputation or removes the wrong organ during a surgical procedure. For example, removing the left kidney when it is the right kidney that was diseased would be an example of a wrong-site surgery. Medication errors can happen because of errors at the hospital pharmacy or because of errors at the patient care level. Medication errors can involve giving the incorrect medication to a patient or giving too much or too little of the correct medication. Surgical errors include the improper use of medical instruments, failure to remove sponges and other supplies from a surgical site, and failure to use proper surgical techniques on a patient.
While not all infections are due to hospital negligence, hospital-acquired infections can be very severe. In someone whose immunity is compromised by illness or weakened due to recent surgery, these infections can quickly become life-threatening. Hospital negligence can contribute to the development of infections if care providers failed to follow proper infection control procedures or did not respond quickly to signs of a developing infection. Patients in intensive care units are particularly at risk for these infections because they are often on ventilators. Ventilators bypass normal breathing mechanisms that work to keep out infection, so it is easier for bacteria to enter these patients.
Improper use of anesthesia can include using too much anesthesia, not giving enough anesthesia, using the wrong anesthetic drugs, or making an error in administering epidural anesthesia. These errors can lead to serious effects on a patient. Too much anesthesia can cause a patient to become confused or disoriented and may even lead to death. Not enough anesthesia can cause a patient to feel the pain of medical procedures. Epidural errors can lead to serious consequences such as paralysis or painful bruising of the spine.
Hospital negligence cases often come down to the documentation available in the form of medical records and the statements of witnesses to the negligence. As a result, it's important to have an attorney who is experienced in handling hospital negligence claims and can work to gather evidence and interview nurses, technicians, and other witnesses. At Napoli Bern Ripka LLP, we have the experience you need to pursue a hospital negligence claim and see it through. Contact us today to discuss your injury with one of our professional and experienced attorneys.
Cases and Settlements of Note
Medical Malpractice Lawsuits & Settlements
- Badolato v. Rosenberg. The Second Department affirmed the trial court’s denial of summary judgment to chiropractor, holding that a physician retained to perform a physical examination for Workers Compensation or Disability purposes can be held liable for medical malpractice where the physician affirmatively interferes with the patient’s treatment to his detriment.
- Selva v. Lillie. The court affirmed a denial of summary judgment to general practitioner who claimed that her failure to refer a patient suffering neurological disorder that rendered him quadriplegic for specialist consult was not a departure from good medical practice because she did not have the neurological expertise to recognize that the patient was suffering from a systemic neurological disorder rather than a herniated lumbar disc.
- Graham v. Mitchell. The appellate court reversed the trial court’s order granting summary judgment on a catastrophically brain-damaged infant claim and reinstated the plaintiffs’ complaint.
- Raciti v. Sands Point Nursing Home, et al., 54 A.D.3d 1014 (2d Dept’ 2008), reversing dismissal of plaintiff’s complaint by the trial court which abused its discretion in refusing to consider plaintiffs’ opposition and cross motion, delivered late to court due to interruption of transit service in a torrential rainstorm.
- Buckley v. Charles K. Goldner, LLC, Abranham Colton. The firm represented Buckley who was a guest in the building, who leaned against an elevator door, believing it to lead to laundry facilities. The elevator door swung open from below, and Buckley fell down the shaft, breaking part of his spine, tearing his urethra, and dislocating his shoulder. The Verdict of $1.9M was awarded in May 2010.
- Jermaine Rhoden v. NYC Transit Authority et al. The firm represented Rhoden who was bicycling on White Plains Road when he attempted to pass between a parked vehicle and a public bus. Rhoden became wedged between the bus and vehicle, and injured his knee, which required knee surgery to fix. A verdict of $550,000 was awarded in September 2009.
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