Patients should always come first in a hospital, and staff members should never do anything that endangers them. However, accidents leading to injuries still occur far too frequently in places designed to save lives, and treat illness and injuries. Negligence can also develop as a result of a failure to intervene, and it is especially serious when elder abuse occurs in a nursing home or assisted living facility. Wrongful death can occur as a result of hospital negligence in the worst-case scenarios.

It is important, then, to recognize the most common indications of possible medical or nursing care facility negligence. We will go over some of the top signs in our article below.

If you have any further concerns and/or questions, it is best to consult with a medical malpractice lawyer, such as the team at Brandon J. Broderick, to discuss your case and how to proceed.

What Constitutes Negligence in a Hospital or Nursing Home?

Negligence occurs when one does not use reasonable precautions and thereby causes injury to another. For the sake of its patients, hospitals are expected to provide at least some level of safety. Medical malpractice occurs when this standard of care is not met and a patient suffers injury or worse as a result.

Hospitals and their staff must consistently provide care that is at or above industry standards. Hospital negligence requires proof that an acceptable level of care was not provided. A healthcare provider, such as a hospital, may be held legally accountable for an employee's irresponsible behavior under certain conditions. Hospital negligence includes not only medical professionals but also mistakes done by specialists, therapists, surgeons, custodians, and even administrative employees.

Below are common negligence that occurs at hospitals or other care centers:


When we have medical concerns, we put our faith in doctors to help us understand what's happening within our bodies. Sadly, not all doctors can be relied upon to provide the correct diagnosis. A study by the U.S. Department of Veterans Affairs found that 12 million Americans receive an incorrect diagnosis annually. A misdiagnosis can make many people's conditions worse. 

There may be several causes for patients to leave hospitals with incorrect diagnoses, but none of them are acceptable. This could be a human error, inadequate training, incorrect testing, or even a failure to diagnose.

Anesthesia Error

We, as hospital patients, may find some procedures intimidating or even scary. One procedure that can scare a patient is anesthesia. It is typically used for serious types of medical operations. Even with ever improving medical technology, anesthesiologists occasionally take incorrect step(s).

Certain issues related to anesthesia can be avoided if the medical professional strictly adheres to protocol and administers the anesthetic in the correct manner. Sometimes, they give a patient an incorrect anesthesia dosage and they have trouble waking up or suffer a cardiac arrest or brain damage. Or, they make a mistake and give an improper drug mixture to administer to a patient, who suffers complications. Not monitoring oxygen levels can prove to result in brain damage or worse as well.

Injuries at Birth

The anticipation of a new baby is one of the most exciting times in a parent's life. If a doctor or nurse messes up during this critical time, it can have long-lasting effects on a child.

Every child, in our opinion, deserves to have a normal start to their lives. If the baby suffers an injury during delivery, they will never get the chance to do that. Infants that experience trauma during birth are at increased risk for developing health problems, including brain damage. You may face substantial medical bills while you attempt to treat your child.

Patient consent violation

The patient's consent is required for most medical interventions. Surgical and other intrusive treatments are prime examples of this. In the absence of an emergency, you have the right to be informed about the potential consequences of any medical procedures you might undergo.

You could experience physical harm, psychological distress, or unanticipated financial obligations if your doctor is negligent and fails to obtain your consent prior to performing any procedure. You have the legal right to consent to any procedure, outside of a medical emergency.

There are two different types of consent: express consent and implied consent.

Express Consent

When a patient signs a medical waiver or other paperwork indicating their approval, this is an example of Express Consent. Verbal permission is also acceptable, particularly for less complex treatments. Because of the greater likelihood of complications during more complex procedures, treatments, or examinations, informed consent is usually only given in writing.

Implied Consent

A person's implied consent might be communicated by their actions and relied upon in certain scenarios. For legal purposes, this can be trickier to prove.

Nodding, rolling up your sleeve for a blood sample or a vaccination, or following your doctor's preoperative instructions all constitute examples of implied permission.

Medication Error

The appropriate medication has the power to alter people's lives, especially if it improves their quality of life. Serious harm can come to a patient if a medical professional makes a mistake in prescribing or administering medication.

82 percent of adult U.S. citizens currently use at least one prescription drug, citing data from the Centers for Disease Control and Prevention (CDC). Many of these drugs help folks who use them, but over 1.3 million people a year end up in emergency rooms because of negative drug reactions. There are 350,000 hospitalizations among those people.

While there are several factors at play, medical practitioners' lapses in judgment are a major cause for alarm.

Medical Malpractice Lawyers Can Represent You After An Incident

We at Brandon J. Broderick, Attorney at Law, have seen firsthand how protections afforded by medical malpractice law can make healthcare facilities safer for patients.

As personal injury attorneys with a track record of success in medical negligence lawsuits, we are always here for clients when they are most in need. We remain dedicated to using our experience to bring justice for clients who have been failed by hospitals and doctors. We are here to help, so don't hesitate to ask.

Visit our Contact Us page to set up a consultation appointment. Let us help you make sense of your legal situation.

Posted by: Brandon J. Bro…
Date: Mon, 03/13/2023 - 17:53

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