What Is Hospital Malpractice?

Hospital malpractice occurs when the staff of a hospital engages in improper or negligent medical care or treatment of a patient and the patient suffers harm as a result. This means that the care does not meet the standards that reasonable professionals in the same field and community would provide. Hospital staff includes more than just the doctors. It includes the hospital’s nurses, pharmacists, technicians and other staff as well.

Types of Hospital Malpractice

Hospital malpractice can take many forms. It can be based on: (a) a mistaken diagnosis, (b) failure of the hospital staff to treat a patient, (c) failure to monitor or stabalize a patient’s condition, (d) failure to refer patients to appropriate specialists, or (e) failure to order the necessary diagnostic tests. Likewise, improper treatment such as the incorrect administration of medication (wrong medication or wrong dosage), improper use of anesthesia, improper use of medical equipment, and unnecessary or unconsented-to surgeries may be hospital malpractice. Preventable infection resulting from sub-standard hospital procedures is another common cause for hospital malpractice suits.

Hospital Malpractice Statistics

Statistics on the number of injuries and deaths due to hospital malpractice are the subject of dispute in medical communities. There is no national system for monitoring or reporting the number of preventable injuries or deaths in hospitals, but a widely-cited 2000 report from the Institute of Medicine titled To Err Is Human estimated that 98,000 people die annually as a result of medical errors. A study published in the Journal of the American Medical Association (JAMA) in July 2001 estimated that more than 22 percent of active-care patient deaths were possibly preventable.

The Bureau of Justice Statistics published a 2001 report that cited 1,156 medical malpractice suits were litigated in the 75 most populous counties. Nine out of ten of the cases involved a patient who was permanently disabled or had died as a result of negligent medical care. The win rate in medical malpractice cases was 27%, significantly lower than the 52% average in tort cases. However, the median damage award of $425,000 was much higher than the average tort award of $27,000. It is important to note that these are only the cases that went to trial, and does not include cases settled out of court.

Not every failure of treatment or of a procedure is malpractice. Often doctors and hospital staff do everything they can for a patient and the patient still suffers pain or dies. But if you believe that the care you or a family member received in a hospital was insufficient and led to harm, it is important to contact a lawyer as soon as possible. An attorney can assess your case and help you decide if it is worthwhile to pursue legal action. Most states have statutes of limitations that dictate how long you have to file a malpractice suit. A lawyer in your state can give you more information.

Case Study: Legal and Insurance Considerations

Case Study 1: Medical Malpractice Insurance, ShieldGuard Insurance

ShieldGuard Insurance provided medical malpractice coverage to a hospital facing a lawsuit for alleged hospital malpractice. In this case study, a patient suffered severe complications after a surgical procedure performed at the hospital. The patient and their family filed a lawsuit, claiming negligence and improper care by the hospital staff.

The hospital had comprehensive medical malpractice insurance coverage with ShieldGuard Insurance, which included legal defense and indemnification for malpractice claims. ShieldGuard assigned a team of experienced attorneys specialized in medical malpractice defense to represent the hospital.

Through rigorous defense strategies and expert testimonies, the legal team successfully defended the hospital against the claims, resulting in the dismissal of the lawsuit.

Case Study 2: Professional Liability Insurance, CarePro Insurance

CarePro Insurance offered professional liability coverage to individual healthcare professionals, including doctors and nurses. In this case study, a nurse working at a hospital was accused of medication error that resulted in significant harm to a patient. The patient suffered adverse effects due to the incorrect administration of medication.

The nurse had professional liability insurance coverage with CarePro Insurance, which protected them against allegations of malpractice. CarePro Insurance assigned a claims representative and legal team to handle the case. The claims representative conducted a thorough investigation, gathering evidence and reviewing medical records.

The legal team defended the nurse’s actions, demonstrating that the medication error was an isolated incident and not reflective of negligence. Through the support of CarePro Insurance, the nurse successfully defended their professional reputation and avoided significant personal financial liability.

Case Study 3: Risk Management Consulting, MedProtect Insurance

MedProtect Insurance provided risk management consulting services to hospitals to prevent and mitigate instances of hospital malpractice. In this case study, a hospital noticed a rise in malpractice claims and sought assistance from MedProtect Insurance. MedProtect Insurance conducted a comprehensive assessment of the hospital’s operations, policies, and procedures related to patient care.

They identified areas of potential risk and developed tailored risk management strategies to improve patient safety and reduce the likelihood of malpractice incidents. MedProtect Insurance provided training programs to educate hospital staff on best practices and protocols.

Through proactive risk management measures implemented by MedProtect Insurance, the hospital experienced a significant reduction in malpractice claims and improved patient outcomes.