“I want to sue the hospital. But how? And can I win?”
It’s a reasonable ask in many cases. And in those cases, the answer is yes:
You can sue your hospital.
And win.
This typically takes 7 steps or so:
1. Check your statute of limitations.
2. Determine who to sue and why.
3. Set up a free consultation with your medical malpractice attorney to discover how.
4. File your complaint against the hospital.
5. Do the discovery (gather evidence).
6. Get a fair settlement.
7. If necessary, go to trial to win compensation that way.
We’ll talk about those steps in full detail below.
Naturally, you need a good reason.
If you have one, you’ve probably already graduated from “I want to sue the hospital” to “How can I sue the hospital?”
If that’s the case, you’re in the right place.
Because we’re going to cover precisely that.
Let’s start with the three reasons you can sue a hospital:
2. Medical malpractice (A very specific type of negligence.)
3. Wrongful death (If a loved one died because of negligence.)
If your reason falls into one of these categories and you want to sue your hospital, use the steps below to get the ball rolling.
1 – Check Your Statute Of Limitations
Every state has its statute of limitations (a specific period when you’re able to file a lawsuit). So if you want to sue the hospital, it’s important to check your state’s specific limitations.
Because if you’re suing a hospital, you may have less time than if you were suing an individual. In some states, you only get a year from the day you were injured.
Anyway, here’s how to check. If you’re in Texas, you can give us a call and we’ll give you all the most up-to-date details, and answer the rest of your questions too. You can also take a look at the Texas Civil Practice and Remedies Code § 74.251 here.
Otherwise, just Google “statute of limitations in <insert your state here>”.
For you social butterflies who’d rather hop on a call to chat about it, you can call the clerk’s office or your public law library. Once you discover you’re still able to file a lawsuit, it’s time to don your detective hat.
2 – Find Out Who To Sue. And Why. And…
“I want to sue the hospital” may be a great place to start. But “I want to sue my doctor” might be even better. Which is your best bet? You want answers, and you need them. Especially in this step toward compensation.
Was the injury the result of negligence? Maybe someone wasn’t doing their job, wasn’t truthful about a complication, or maybe the hospital’s equipment was faulty.
Let’s start with the basics: who, what, when, where and why.
How To Sue Your Hospital For Medical Negligence: Who & What.
In this step, start a notebook of your “medical malpractice case” notes and write down the answers as you learn them. You can refer to these notes when you consult with your attorney, to make sure you don’t miss any details.
Who: Pinpoint who was (and is) responsible. Was it a member of the medical staff? Was it one of the medical technicians or another hospital employee? Keep in mind, (depending on the issue at hand) it could be any of many people employed at the hospital. Knowing who did it will help you determine who to sue, whether it’s a doctor, a nurse, someone else, or the hospital as a whole.
What: What exactly happened? Did your doctor overlook something on your medical record? Did your surgeon operate on the wrong body part? Write down every detail you can, it’ll help you later.
To support the what, you’ll want to gather all of your information; photos, medical records, incident reports, etc. This will come in handy later. Here’s a medical malpractice documents checklist to help you remember everything.
How To Sue A Hospital: The When, Where & Why.
When: Was it in the morning? Afternoon? Evening? Was there a staffing change? Did it occur right after the doctor came in, or later?
Where: If relevant, where did the accident occur? What floor, room, or part of the hospital?
Why: Did this happen because of negligence? That’s the big why.
To do the heavier research on the most difficult questions above, talk with your lawyer (the next step). Your malpractice attorney and the rest of the staff will help you dig much deeper than you’re able to on your own.
And for that, you’ll want to recruit your A-team.
3 – Consult Your Medical Malpractice Attorney
Keep this in mind. When you sue a hospital, you’re taking on a professional team of hospital law attorneys. Whether it’s for malpractice, negligence or wrongful death, they’re pros. This is a far cry from their first rodeo. It probably goes without saying, but I’ll say it anyway. If you want to win and get the most money out of the hospital and into your pocket, you need to find a good lawyer. A competent medical malpractice lawyer. That means one with experience filing and winning medical malpractice lawsuits like yours.
Now, you might be wondering how much you’ll need to pay. The good news is, most malpractice lawyers work on contingency, so not having enough money won’t be an issue.
Call them up.
Consult.
Easy as that.
A good attorney will help you determine how much you can sue for and seamlessly guide you through the rest of the process. Generally, a good attorney will:
- Assess your case for free and with no obligation
- Explain to you what to expect during the process
- Give you sound legal advice and guide you throughout the process
- Interpret relevant laws and legal documents
- Help you gather evidence to strengthen your case
- Hire a medical expert witness to testify on your behalf
- Submit all necessary paperwork properly and promptly
- Manage communication with the opposing party
- Calculate the monetary value of your injuries
- Negotiate with your hospital’s insurance company as needed, for a potential settlement
- Take your case to trial and fight for justice, if necessary
Honestly, you don’t even need the rest of this guide — just give us a call now and we’ll walk you through it step by step! But if you want to understand the process better before that, read on to the next step.
4 – File Your Complaint Against The Hospital
This is where your lawyer files the complaint with your state court. This complaint is pretty much exactly what it sounds like it is. It’s an official complaint against the hospital including what they did wrong and the amount of money you expect as payment for the damage done. Your attorney can help you calculate these damages by considering a number of things, including:
- Medical expenses
- Custodial care
- Disability
- Disfigurement
- Lost income
- Loss of enjoyment or quality of life
- Loss of consortium
- Pain and suffering (physical and emotional)
- Lost employment
- Survival damages
- Death and funeral expenses
- Wrongful death damages
Next, it’s off to the races! Starting with what may be the most molasses-slow, tedious game you’ve ever played. We call it discovery.
5 – Do The Discovery
What’s discovery, you ask?
It’s a somewhat intrusive process where their team interrogates you and gathers evidence from your team. Your team does the same to them. This is a very good thing because it gives your lawyer the chance to gather convincing information to win your case.
The gathering of proof happens mainly in this discovery phase. The presentation of this proof happens during settlement negotiations (Step 6) and, if necessary, at trial (Step 7). But what sorts of proof are we talking about?
Evidence of medical malpractice damages can include:
- Medical records. Comprehensive medical records are foundational in a medical malpractice case.
- Depositions. A sworn, out-of-court testimony given by parties to the lawsuit, witnesses, or experts.
- Interrogatories. Written questions sent by one party to another, answered in writing, under oath.
- Production of documents. Your lawyer may request specific documents related to the case from the other side.
- Expert witnesses. Expert witnesses can review the evidence and provide opinions on the malpractice.
- Requests for admissions. This is a request that the other party admit or deny certain facts.
- Independent medical examinations (IMEs). This is an independent medical examination by a neutral third party to verify your injuries.
- Testimony from other healthcare professionals who can attest to deviations from the standard of care.
- Photographs or videos. Documented injuries or procedures relevant to the case.
- Financial records. Records documenting medical expenses or lost income resulting from the malpractice.
The discovery phase includes four things. Depositions, expert witness disclosures, requests for the production of documents, and interrogatories. And that brings us to the final phase in our hospital-suing journey: The trial.
6 – Get Compensated Through Your Medical Malpractice Claim (Or Move Forward To The Trial)
Your lawyer investigated. You filed your complaint and completed the discovery process.
Now it’s time to get paid. (Ideally.)
If the conditions are right, your lawyer will pursue a settlement. If the hospital realizes you’re in the right and they owe you compensation, they may choose to settle. For malpractice cases, 9 times out of 10, the hospital will settle out of court.
If they do, your attorney, the hospital and you will reach an agreement and settle for a fair sum of money.
But if you can’t come to an agreement, it’s on to the next step in your hospital-suing journey! The trial.
7 – Prep & Get To That Trial
Your lawyer and the rest of the team will hold pre-trial conferences with you (and your witnesses and experts too). This helps get everyone on the same page, knowing exactly what to expect.
That way, by the time you get to the trial, you’ll be well-prepped and ready to win your case. At the end of your trial, the jury will make their decision. If they decide in your favor, congrats, you win!
You wanted to sue the hospital. You did. And now you’ll be rewarded for your hard work, preparation and patience. Now, in the best-case scenario, this never would have happened to begin with. But since you’ve been wronged, it’s only right for you to be compensated, in both justice served and a heftier bank account.
Hospital Lawsuits FAQs
What should you do if a hospital is treating you badly?
You can seek legal advice if the treatment has caused harm or violates your rights. Another thing you can do is speak up to the staff, contact a patient advocate or ombudsman, and document your experiences. You can then escalate your concerns to higher hospital administration as necessary. For unresolved issues, you can file a formal complaint and contact external health agencies. You can even transfer to another hospital, if necessary.
Can you file a medical malpractice lawsuit against the hospital for its employees’ actions?
The hospital is usually liable for its employees’ actions. So if an employee negligently injures a patient, that patient can typically hold the hospital accountable. This falls under the legal theory called respondeat superior, which is a Latin saying that translates to “let the master answer.” In other words, let the employer answer for their employees’ actions.
Is it hard to sue a hospital?
Although proving medical malpractice can be challenging, settling is much easier in most cases. About 93% of malpractice cases do not go to trial, and instead, are settled out of court. In these cases, it’s not nearly as difficult to sue the hospital as you might think. Because the goal here, ultimately, is to get compensation through a fair settlement. And when you have a case, both sides want to reach a fair settlement as quickly and painlessly as possible.
To prove malpractice, you need to prove the hospital, medical professional, or medical professionals were responsible. If you’re unable to settle, going the whole 9 yards can be much harder. In the end, the hospital staff must provide you with the utmost care. If necessary, you can hold them responsible for malpractice by suing. Sometimes that means going the distance but going to trial is rare in these cases.
How much does it cost to sue a hospital?
Although it can cost anywhere between $100 and $500 to file a lawsuit, in many if not most cases, there’s no need to pay any money upfront. (As these types of cases are usually taken on contingency.) That said, the patient may be required to pay a small fee to the hospital to acquire their medical records.
How much can you win from suing a hospital?
It depends a lot on the details of your case, of course. But here’s some data to help you get a rough ballpark estimate. In the US, the average payout for a medical malpractice lawsuit is around $242,000. The median settlement value, on the other hand, is $250,000. The average jury verdict for medical malpractice lawsuits (medical malpractice claims the plaintiff wins, of course) is over $1 million. See more details here.
Can you file a medical malpractice lawsuit against the hospital for negligence?
The general idea is, yes. If your doctor or another medical professional is negligent, and you’re harmed as a result, you can sue the hospital for medical negligence. That said, to win your case (or settle) you do need evidence that proves their liability for your injury. If you have strong evidence, chances are, you’ll reach a settlement and won’t have to go to trial. This is your best-case scenario, and it’s what happens in the vast majority of medical malpractice cases (more on that below).
Can you sue a hospital for not treating you right?
To successfully sue the hospital for treating you poorly, you have to meet the right criteria. If the negligence of the hospital results in clear damage to your physical health, mental health, or financial health, you may have a good case. But as the patient, you must demonstrate how (as well as to what extent) you were harmed due to the hospital’s negligence.
Can you sue a hospital for emotional distress?
Yes. The truth is, the consequences of emotional distress are oftentimes just as bad as physical distress. Sometimes even worse. There have been numerous instances of patients successfully suing their hospital for negligence. Negligence that resulted in emotional distress. Learn more about how to sue for emotional distress here.
What are the odds of winning a suit against the hospital?
As we covered earlier, more than 9 out of 10 malpractice cases are settled without going to trial. If you do end up in court, here’s the data: In the case of weak evidence, physicians win about 80% to 90% of the time. This number drops to 70% in the case of borderline evidence. And if you have strong evidence suggesting medical negligence? (Medical records, documented surgical errors, expert testimony, etc) Physicians win 50% of trials in these cases. Luckily for the patient, 93% of the cases settle and they’re compensated without having to go to court.
How long does it take to win in court against the hospital?
While this is hard to determine, it usually takes about five years. Keep in mind, that’s not how long it typically takes to settle outside of court. And again, that’s what happens the vast majority of the time. And different studies came up with different results. A New England Journal of Medicine study claimed the average time period was five years. That is, between an injury (due to healthcare-based negligence), and the decision about the case. But some say differently.
Do hospitals often settle out of court?
Yes, and oftentimes hospitals try to settle cases early on. Because it reduces the overall costs involved in the lawsuit. In fact, hospitals usually settle out of court so the costs of the case are cut down to a minimum on both sides. So the person suing the hospital (the plaintiff) can afford to settle for less. As we mentioned earlier, over 90% of malpractice cases are settled out of court.
Why do hospitals settle out of court?
Hospitals and doctors both prefer to settle outside of court to avoid what can often be a massive expense in court (if they were to lose the case). On the other side of the lawsuit, patients suing the hospital often agree to settle. This can help sidestep years of litigation to receive compensation right away.
Is it better to settle out of court?
100% yes! Again, 9 out of 10 times, malpractice cases settle outside of court. Why? Because of the many advantages of doing so, vs filing a lawsuit. Settling takes less time, less money, and is much less risky.
Did you like this article? Read more on the malpractice lawsuit process with our medical malpractice lawsuit guide!
If you think you or a loved one is the victim of malpractice, call us at 713.489.0993 or fill out this brief contact form to set up a free consultation with Hampton & King Attorneys at Law. We’ll review your case and help you determine whether or not you’re eligible for compensation.
