(Last Updated On: November 29, 2023)

If you or a loved one have been injured as a result of hospital negligence, you may be able to bring a lawsuit for damages.

Hospitals are expected to maintain a high level of care and safety for patients. When they fall short of this standard, it can lead to medical malpractice or negligence claims.

Hospital negligence refers to situations in which a hospital and/or its staff fail to provide a reasonable standard of care to patients, resulting in harm or injury. Hospital negligence cases often involve significant physical and emotional suffering.

The legal system recognizes that compensation can play an essential role in helping victims access the necessary medical care, rehabilitation, and support they need to move forward. The compassionate attorneys at Hodes Milman are here to help and guide you through your legal claim and pursue damages on your behalf. Contact our office online or by calling (949) 640-8222 to learn more about how a lawsuit for damages can help you and your loved ones.

How Much Can You Sue a Hospital For?

If you or a loved one has sustained an injury during your hospital stay, you may be able to bring a lawsuit for damages. While financial damages will never be able to erase the pain and suffering you have endured, however, they can provide some form of compensation and support to help you cope with the consequences of a hospital’s negligence.

There is no fixed or predetermined amount for hospital negligence claims. The amount you can sue a hospital for in a medical malpractice case will vary significantly and depends on your unique facts and circumstances as well as jurisdiction and the experience of your attorney. Damages that may be available in hospital negligence cases or in medical malpractice cases include:

  • Economic damages: May include the cost of medical treatment, surgeries, hospital stays, prescription medications, rehabilitation, physical therapy, and any other healthcare-related expenses incurred as a direct result of the negligence. Economic damages may include lost wages If the negligence results in the patient being unable to work or losing income due to the injury.
  • Non-economic damages: These may include pain and suffering damages that are intended to compensate the patient for physical pain, emotional distress, and mental anguish resulting from the negligence. They are not easily quantifiable and can vary significantly depending on the severity of the injury and its impact on the patient’s life.
  • Punitive Damages: Punitive damages are intended to punish the hospital for particularly egregious behavior or gross negligence. Punitive damages are less common and are typically awarded only when the hospital’s actions were willful or especially serious

The specific damages available in a hospital negligence case will vary depending on the jurisdiction and the individual circumstances of the case. It’s crucial to consult with an experienced medical malpractice attorney who can assess your case, determine the types of damages you may be entitled to, and help you pursue fair and just compensation for your injuries.

The attorneys at Hodes Milman have handled many medical malpractice and medical negligence cases and are determined to achieve the best possible outcome for you and your interests.

How Can a Medical Malpractice Attorney Help Me?

Hospital negligence, also known as medical malpractice or medical negligence, occurs in a hospital setting and refers to a situation in which a hospital or its staff fails to provide a reasonable standard of care to a patient, resulting in harm or injury to the patient.

To establish hospital negligence in a legal context, the injured party (plaintiff) typically needs to demonstrate that the hospital or its staff breached the standard of care owed to the patient and that this breach of duty directly caused harm or injury. Proving hospital negligence often requires expert medical testimony to establish the standard of care and whether it was violated.

Examples of hospital negligence include:

  • Misdiagnosis or Delayed Diagnosis: Failure to accurately diagnose a patient’s medical condition or a delay in diagnosing a serious medical condition can lead to the patient not receiving timely and appropriate treatment.
  • Surgical Errors: Surgical negligence can involve mistakes during surgery, such as performing the wrong procedure, operating on the wrong body part, leaving surgical instruments or foreign objects inside the patient, or making surgical errors that cause complications.
  • Inadequate Staffing: Hospitals must have an appropriate number of qualified staff to provide care to patients. Understaffing can result in neglect and a failure to meet patients’ needs.
  • Medication Errors: This can include administering the wrong medication, the wrong dosage, or failing to provide necessary medications, which can result in adverse reactions or worsening of the patient’s condition.
  • Premises Negligence: Inadequate maintenance and safety precautions within the hospital, such as slip and fall hazards or malfunctioning equipment, can lead to accidents and injuries.

Hospital negligence claims are very complicated and usually require an experienced attorney to achieve a successful outcome. If you believe you have been a victim of hospital negligence, it’s essential to consult with a qualified medical malpractice attorney who can assess the specifics of your case and advise you on your legal options.

Specific procedures and requirements will vary by jurisdiction, so it’s crucial to follow the laws and regulations applicable to your case. Contact the attorneys at Hodes Milman online or (949) 640-8222.

How to Sue a Hospital for Negligence

Suing a hospital for negligence is a complex legal process that typically requires the assistance of an experienced medical malpractice attorney. By consulting an attorney, you are taking the first steps in setting your claim up for success. An attorney can help you by:

  • Evaluating your case and your claim
  • Obtaining medical records and preserving evidence
  • File a complaint with the court and meet important deadlines
  • Represent you and your interests at trial
  • Negotiate with opposing counsel and insurance agents for damages

In addition to financial compensation, medical malpractice lawsuits can also serve other important purposes, such as holding healthcare providers accountable for their actions, promoting patient safety and the improvement of healthcare standards, and potentially preventing similar incidents from happening to others in the future.

It’s essential to work with a qualified attorney who can help you pursue a medical malpractice claim if you believe you have been a victim of negligence. Your attorney can guide you through the legal process and help you seek the compensation you deserve while understanding that it can never fully make up for the harm you’ve endured.

Medical malpractice cases can be lengthy and challenging, and the outcome you desire is never guaranteed. Working closely with a skilled attorney who specializes in medical malpractice is essential to navigate the legal process effectively and increase your chances of a successful outcome.

Contact an Experienced Medical Malpractice Attorney

One of the most important steps you can take in your hospital negligence lawsuit is hiring an experienced medical malpractice attorney. An experienced attorney will know how to best represent you and your interests. It’s important to take your time when selecting an attorney, as this decision can significantly impact the outcome of your case.

The attorneys at Hodes Milman have secured many successful settlements and jury verdicts for their clients, including a $17.25 million dollar settlement in a medical misdiagnosis case.

Contact the attorneys at Hodes Milman online or by calling us at (949) 640-8222. We are standing by to handle your claim with care and pursue justice under the law.

Lawsuit for Hospital Negligence — Related Resources

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Contact us if you have specific questions on the matter or if you’d like to schedule a free consultation.




HMI team

When you work with us, you’ll see the difference. A lot of firms are quick to show you numbers, and it is absolutely true that your lawyer should have experience and a strong track record in the area that you require. However, we’ll take it one step further. We also believe that your attorney should put your needs, cares and desires first. Because you deserve more than just compensation for your losses - you deserve a true advocate.

HMI team