Need A Lawyer To Sue – Any type of medical treatment or surgery can be nerve wracking as you are putting your life in someone else’s hands. You trust your doctors and hospital staff to provide excellent care throughout the process. Unfortunately, when these doctors act negligently, you risk being harmed by those actions. But did you know that you can also hold the hospital liable in addition to suing the doctor who provided your treatment?
At Lipton Law, our Michigan medical malpractice attorneys have handled hundreds of cases against both doctors and hospitals in malpractice lawsuits. The attorneys who handle these cases have been doing so for over 30 years and know what it takes to fight even the largest medical facilities in Michigan.
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At Lipton Law, we even have our own medical professionals to help with all medical and hospital negligence cases. Our attorneys have successfully recovered millions in compensation for our clients and are prepared to do the same for you. Call our law firm at 248-557-1688 today to schedule a free hospital negligence consultation.
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When you file a lawsuit against a hospital, it’s different than typical medical malpractice lawsuits. The main difference is that the hospital employee can be an employee of the medical facility or an independent contractor. If the negligent healthcare provider is an employee, you can file a lawsuit against the hospital and the doctor. If the doctor is considered an independent contractor, you cannot bring a negligence claim against the hospital.
Like healthcare providers, hospitals also owe their patients a duty of care and are responsible for the doctors they employ. When a doctor or other hospital employee acts negligently and causes an injury to a person, they have the right to sue the hospital. For example, if a hospital hired a doctor with a history of medical malpractice lawsuits, you could sue the hospital for negligence because they knowingly hired someone who could cause harm or injury to their patients.
When suing a hospital for negligence, you and your attorney must prove the hospital’s liability for your injuries. When proving liability in medical malpractice cases, medical experts are brought in to study the medical records and help determine whether negligent acts have been committed. At Lipton Law, we have healthcare providers on staff who assist with all medical malpractice cases and will work to prove your hospital negligence claim.
Negligence in the hospital can unfortunately happen in several different ways. When a doctor or physician acts negligently through misdiagnosis or prescribing errors, you can suffer serious injury and, in severe cases, even death. Some common examples of negligence are as follows:
Elements Of Standing To Sue
In cases where the negligent doctor is not employed by the hospital, but an independent contractor, the hospital is not liable for negligence. However, there are circumstances in which the hospital may be held liable for the actions of independent contractors. If the hospital failed to inform you that your doctor was an independent contractor, it could lead you to believe that they were employed by the hospital. When this happens, the independent contractor is considered an “ostensible agent” of the hospital, meaning the hospital failed to inform you that they were not an actual employee and can make them liable in negligence claims.
Pursuing a medical malpractice case against a hospital is a huge task that should not be handled alone. Hospitals have the best lawyers, usually in-house, ready to take on any malpractice claim. If you want to sue a hospital for negligence, you need medical malpractice attorneys who have experience fighting hospitals in Michigan.
At Lipton Law, we do not shy away from handling hospital negligence cases. Our medical malpractice attorneys have over 30 years of experience handling these lawsuits. When you work with Lipton Law, one of our senior level partners will take your case because we understand how challenging these lawsuits can be. When looking for the best legal representation in Michigan for your hospital negligence claim, look no further than Lipton Law.
Proving medical negligence has occurred is what any successful malpractice case hinges on. An experienced medical malpractice attorney understands the importance of proving negligence occurred and what evidence is needed to back up the claims. The expertise of doctors helps when bolstering a negligence claim, as they can evaluate your medical records from a healthcare provider’s point of view and will have a better understanding of what treatment you should have received.
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When you prove medical negligence, your attorney will show that the hospital and medical staff owe you a standard duty of care. This standard of medical care means that you would have received equal care at another facility that treated the same conditions with equally qualified medical staff. Once the duty of care is proven, your medical malpractice attorney will show that there has been a breach of this duty of care through the negligent actions of the hospital and/or the employee. Your attorney will then show that these negligent acts caused you serious harm and are directly related to your poor medical care.
Not all hospital negligence claims are equal. The amount of compensation you may be entitled to depends on several factors that must be proven. Your lawyer will investigate and provide documentation for your claim to justify the financial compensation. The type of evidence that can strengthen your claim and will affect your compensation include:
An experienced hospital attorney will know how to negotiate with the hospital to get fair compensation for your injuries. The attorneys at Lipton Law have years of experience handling these cases and know what you deserve. We have recovered millions in compensation for our clients in many medical and hospital negligence cases. We will fight to get the same for you. As one of the top law firms in Michigan, there’s a chance we’ve already handled the hospital you’re suing.
At Lipton Law, we understand that when you seek treatment, you trust that those providing care will have your best interests at heart. When hospital staff act negligently when caring for you and cause harm or injury, it can be a terrifying experience. You may even struggle with seeking medical treatment again in the future out of fear. When pursuing hospital negligence claims, our attorneys know that you deserve maximum compensation for not only your physical injuries, but also your emotional injuries. Therefore, we will not accept any lowball offers. We will take the negligence claim to court and fight for what you deserve if necessary.
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Since 1964, the attorneys at Lipton Law have represented Michigan residents in personal injury cases. We have handled claims against medical and hospital negligence, personal injury claims and much more. When you hire our law firm to represent you in your hospital malpractice case, one of our senior lawyers with over 30 years of experience handling medical cases will take your case. These cases are some of the most challenging legal cases. This is due to the comprehensive nature of the claim and the burden of proof. Medical malpractice is difficult to prove. This is why we have medical professionals to assess your case and help us build a case.
Medical expert testimony is critical to any medical malpractice case, especially cases against hospitals. A medical examiner can review your medical records and determine whether negligent acts have occurred. The expert will be able to testify that:
Insurance companies are notorious for wanting to settle lawsuits quickly and quietly. Often they will offer a person less than adequate compensation for their injuries to make the case go away. A hospital negligence lawyer at Lipton Law will work with the insurance companies on your behalf and prevent you from settling for less than what you are entitled to.
Hospital malpractice cases vary depending on whether the doctor is an employee of the hospital or an independent contractor. When the doctor is employed by the hospital, both the employee and the hospital can be held liable for damages.
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If the health care provider is an independent contractor, the hospital must clarify that they are not employees. This can open them up to apparent agency if they fail to disclose that the physician is an independent contractor. This can make them liable for negligence claims against the contractor, even if they are not hospital employees. The hospital can show that the doctor is an independent contractor through admission papers and consent forms.
Hospitals are at greater risk of manifest agency when the independent contractor works in the emergency room. The emergency department is fast-paced and sometimes only allows time to explain details and sign proper paperwork, especially if they are unconscious or suffering from a catastrophic injury.
Assume the hospital is working with a negligent independent contractor and knows of their history of negligence. They may also be liable for these negligent acts. Let us e.g. say a doctor has a history of substance abuse problems. This problem causes them to make mistakes, causing a patient’s harm. In that case, the hospital may be liable for knowing their history and not taking the appropriate steps to revoke their privileges.