A Hospital Malpractice Lawyer Can Help You Secure Compensation and Protect Your Financial Stability
Hospital errors occur frequently and can result in severe injury, both physical and emotional. An experienced medical malpractice attorney can go through hospital records and review other evidence to establish negligence or a deviation from normal protocol. Paul M. da Costa and his team at Sarno da Costa D’Aniello Maceri LLC can navigate the complicated legal field, allowing you to focus on recovering from the consequences of malpractice while we pursue compensation. Please contact Paul M. da Costa at 973-274-5200 or PdaCosta@sarnolawfirm.com to set up a meeting at one of our three New Jersey offices.
The Basics of Hospital Malpractice
Hospital malpractice is a special type of medical malpractice suit that holds a hospital, rather than an individual, responsible for mistakes made by its doctors and staff. While a client can potentially pursue a separate suit against an individual as well, the purpose of hospital malpractice is to uncover the systemic problems that led to an error.
The resources and support provided by a hospital have a huge impact on patient treatment. Even the most qualified surgeon cannot perform a surgery safely without proper equipment or a reliable team. It is up to hospital management to provide effective training, supervision, and resources to doctors and nurses so that they can treat patients.
Many privately owned hospitals try to cut costs and maximize the number of patients and procedures, rather than improving the quality of treatment. As a result, doctors and staff can be overworked, over-stressed, and more likely to make errors. While this may be more efficient for the hospital in the short term, it often proves costly for a patient. Like doctors, hospitals should be held responsible for their mistakes, accidental or not.
Hospital malpractice can refer to many different types of errors. Some of the most common types of malpractice include:
- Delayed or incorrect treatment
- Emergency room care failures
- Nurse errors
- Surgery errors
- Secondary infections contracted during hospital stays
The Elements of a Strong Case
Medical malpractice cases specifically target compensation for injuries caused by malpractice, and a successful suit must prove that:
- An error was made
- The error was caused by the hospital
- The error led to the patient’s injury
While the first two points can be demonstrated with hard evidence, the final requirement is often more difficult to prove. In most cases, other medical practitioners or staff are asked to give testimony and demonstrate that a reasonable person in the same circumstances would have taken a different course of action. You can depend on our firm to thoroughly investigate your case to prove which party or entity is responsible for your losses.
Compensation in a hospital malpractice suit is usually economic: lost wages, medical expenses, physical therapy, long-term care, or diminished capacity for future earnings.
Types of Compensation
If we are successful in proving your case, you may be awarded two types of financial damages: compensatory and punitive.
Compensatory damages are much more common and focus on reimbursing a client or their family for the consequences of the hospital error. Compensation is usually economic: lost wages, medical expenses, physical therapy, long-term care, or diminished capacity for future earnings. In some cases, you may also receive non-economic damages for pain and suffering, anxiety, or diminished quality of life. Regardless of which type you receive, there is no cap on the amount.
Punitive damages, however, are much more limited. Because they are meant as an additional financial punishment, they are restricted to situations in which an error was intentionally and maliciously made. They are much harder to prove and are consequently rarer. In New Jersey, punitive damages must be set at either $350,000 or at five times the amount of the economic damages – whichever is higher.
Reach Out Today
Paul M. da Costa and his team at Sarno da Costa D’Aniello Maceri LLC are dedicated to ensuring your rights are defended and that financial problems resulting from losses caused by another party’s negligence do not undermine your stability. Contact our office today to set up a consultation and discuss your case with an experienced professional.