Can I sue a hospital for taking too long?

Asked by: Nakia Rippin DDS  |  Last update: April 1, 2025
Score: 4.6/5 (47 votes)

If you or a loved one have suffered harm due to unreasonable delays in receiving medical treatment, you may have legal grounds to pursue a medical malpractice claim against the hospital.

Can you sue a hospital for waiting too long?

When there is an unreasonable delay in emergency room treatment, and that delay leads to serious harm, those responsible should be held accountable, and those injured should to be taken care of and compensated.

Is it hard to win a lawsuit against a hospital?

Medical malpractice lawsuits can be difficult to win because of their complexities. Juries must examine and interpret complicated evidence to understand how the healthcare provider deviated from accepted standards, which they are likely unfamiliar with.

How do I file a lawsuit against the hospital?

Steps for Suing a Hospital in the U.S.
  1. Review Your State's Statute of Limitations. First, you must check whether you have time to file a lawsuit. ...
  2. Examine the Injury. ...
  3. Calculate Damages. ...
  4. Determining Fault. ...
  5. File a Complaint. ...
  6. Hire a Medical Malpractice Lawyer. ...
  7. Gathering Evidence. ...
  8. Negotiating a Settlement.

Do hospitals usually settle lawsuits?

The short answer is “Yes, they often do.” Hospitals and their legal teams are well aware of the potential costs, both financial and reputational, associated with prolonged court battles. Settling out of court can be a more predictable, less public, and quicker resolution for all parties involved.

HOW TO SUE A DOCTOR OR HOSPITAL FOR NEGLIGENCE 👨‍ 🏥

29 related questions found

What happens if you sue a hospital?

If the court rules in your favor, you may be awarded compensation for various damages, including: Medical expenses. Lost wages. Pain and suffering.

Is it expensive to sue a hospital?

Ultimately, when you begin to tally up all the costs of filing a medical malpractice lawsuit, you would be looking at thousands in expenses. You should ask yourself if you can afford these fees or if you would prefer that a legal team handle them.

What type of attorney do I need to sue a hospital?

A medical malpractice lawyer from our team can handle all of this for you. We can also make things easier by negotiating for damages or even taking your case to court.

What is an example of negligence in a medical case?

6 Examples of Negligence in a Hospital Setting

Surgical Mistakes: Errors during surgery, such as operating on the wrong body part or leaving a surgical instrument inside the patient. Medication Errors: Administering or prescribing the wrong medication or dosage. Anesthesia Errors: Mistakes in administering medications.

What is the difference between medical negligence and medical malpractice?

When a medical provider's actions or inactions fail to meet the medical standard of care, their behavior constitutes medical negligence. If their medical negligence causes their patient to suffer an injury, it becomes medical malpractice.

What to do if a hospital is suing you?

What should I do if I'm being sued for medical debt? 1. Respond as soon as possible by filing an “Answer” form at the courthouse within: • 20 days, if the summons and complaint was received in person by you or someone else, OR • 30 days if the summons and complaint was mailed to your home.

What are the four things that must be proven to win a medical malpractice suit?

What Are the Four Elements of Medical Malpractice?
  • Duty: The duty of care owed to patients.
  • Dereliction: Or breach of this duty of care.
  • Direct cause: Establishing that the breach caused injury to a patient.
  • Damages: The economic and noneconomic losses suffered by the patient as a result of their injury or illness.

Does malpractice claim ruin a career?

The primary risk of a medical malpractice lawsuit to your career comes from the impact on your professional standing and practice. For starters, it can tarnish your reputation. You may not be found liable, but the mere fact of being sued can negatively influence how patients, colleagues and employers view you.

How long is too long to wait in the ER?

In general, the accepted duration of a patient in ED—emergency department length of stay (EDLOS)—is 6 hours. The National Health System of the UK, however, pegs this at 4 hours. A 6 hours wait in ED might be acceptable for a patient being admitted to the wards, but not so for a critically ill patient.

What to do if a hospital is treating you badly?

Contact the Hospital Grievances Department

When contacting the Grievances Department, you will need to file your complaint following their specific protocol. Also, make sure to avoid being inflammatory when explaining your concerns, as this will help you get a lot farther with your complaint.

How long can a hospital keep you?

In California, a psych ward can keep you involuntarily for 72 hours.

What is considered neglect in a hospital?

Caring neglect refers to failings in care that are below the threshold of being proceduralised (and are unlikely to cause immediate harm), yet lead patients, family and the public to believe that staff are unconcerned about the emotional and physical wellbeing of patients.

What is compensation for medical negligence?

Compensation is calculated by reference to: General damages (pain and suffering) and loss of amenity ('PSLA') This is a sum of money which is paid to reflect: the pain, physical harm, suffering and disability which has occurred because of the negligence .

What are the four D's of medical negligence?

The four Ds of medical malpractice are duty, dereliction (negligence or deviation from the standard of care), damages, and direct cause. Each of these four elements must be proved to have been present, based on a preponderance of the evidence, for malpractice to be found.

Does it cost money to sue a hospital?

Medical malpractice lawsuits can be very costly to litigate, so it is crucial that you choose a firm that has the resources to spend every dollar necessary to successfully prosecute your case. All the costs of handling your case are covered by our firm–court fees, expert witness fees, depositions, and similar charges.

Why do people sue hospitals?

There are several valid reasons to sue a hospital – medical negligence, wrongful death, surgical errors, hospital-acquired infections, and medication mistakes, for example. A lack of informed consent can be a good reason too, or discrimination based on race, gender, or other protected characteristics.

What happens when you sue a doctor?

Physicians face several consequences when patients sue them for medical malpractice. These can include financial damages, loss of reputation, increased malpractice insurance premiums, disciplinary actions, and, in some cases, license suspension or revocation.

How to get money for medical malpractice?

Malpractice Cases

When someone is injured due to a medical error, the victim can then file a claim with the liable party's malpractice insurance provider to recover compensation for their damages.

How much is a legal malpractice case worth?

Attorneys may purchase policies with coverage limits as high as $10 million. The average legal malpractice settlement or verdict is nearing $300,000. If your attorney costs you money, they can be liable to pay for it. The last thing that they want is for you to go after their personal assets.

What is the most common reason patients sue their doctors?

Multiple studies have concluded that misdiagnosis is the most common cause of malpractice claims. Misdiagnosis includes failure to diagnose a medical problem that exists or making a diagnosis that is incorrect.