Many deaths and severe injuries resulting from medical negligence and medical malpractice occur in hospitals. Cases may involve the doctors, nurses, anesthesiologists, and medical staff. Although most of the nurses are employees of the hospitals, most doctors are independent contractors. This creates an extra shield of legal protection for the hospital if medical malpractice occurs due to the negligence of the doctor. In fact, patients even sign forms, including the condition of admission which states that the doctors are not employees of the hospital, but rather independent contractors. Patients who are victims of medical malpractice therefore need to name the doctors as defendants, as well as the hospital.
To make matters even more complicated, many patients enter the hospital with preexisting medical problems, therefore, it may be difficult to prove that the medical negligence caused the patient extreme injuries or even death. The doctor's may defend that the preexisting condition of the patient naturally caused the outcome, rather than the medical malpractice. This is where retaining the services of an experienced medical malpractice attorney, especially one who understands how to interpret the medical records and look for signs of negligence, will be critical to proving and winning the medical malpractice case.
Add to the problem, overcrowding of patients who are waiting for care at the hospital, including the overcrowding of emergency rooms, along with an overworked staff, and the risk of negligence increases. If the hospital happens to be understaffed, many patients who need urgent medical care may not get a thorough examination or be examined in a timely fashion. If the hospital is understaffed, it may even bring in less experienced replacement workers to help fill the void. This can lead to severe injuries or even death to patients, as was the case with the patient at Alta Bates Summit Medical Center in Oakland who died from a medication error provided by a replacement nurse, during the massive nursing strike.
If the medical negligence leads to the death of a patient, then a wrongful death claim can be initiated. A wrongful death claim must be able to prove that the negligence by the hospital or medical staff caused the death of the patient.
