Sarasota Hospital Negligence Attorney
When a patient enters a hospital for a diagnosis, a routine procedure, or emergency treatment, that patient should be able to expect that the hospital and its employees will provide a reasonable level of care so that the patient does not suffer unnecessary harm. Yet hospitals and other health care facilities can be responsible for many types of patient injuries, especially those affecting elderly patients who often require an increased level of care. Hospital negligence can take many forms, from serious mistakes made during a surgical procedure to failure to care for a patient who is at risk of developing bed sores due to confinement to a wheelchair or hospital bed. If you or someone you love suffered injuries in a hospital due to negligence, you should contact a Sarasota hospital negligence attorney to find out more about filing a claim.
What is Hospital Negligence in Sarasota?
Hospital negligence is a form of medical malpractice in which a patient (or the patient’s family, in some circumstances) can hold the hospital accountable for injuries resulting from errors or omissions. Hospitals must meet a reasonable standard of care, and the failure to do so can result in liability. The following are the four general elements of a hospital negligence claim in Southwest Florida:
- Duty of care: Hospital owed the patient a duty of care;
- Breach of the duty of care: Hospital health care provider or other staff member was negligent, breaching the duty of care owed to the patient;
- Injury: Patient was injured as a result of the breach of the duty of care; and
- Damages: Patient suffered damages as a result of the injury.
What does it mean for a hospital to be negligent and to breach the duty of care in Sarasota? In short, if a hospital in Sarasota fails to provide the same level of care as another hospital in the same general geographic area (and its staff) would be considered reasonable under the circumstances, the hospital may be negligent.
Statute of Limitations for Hospital Negligence in Sarasota
Most hospital negligence claims will need to be filed as medical malpractice claims. While many people assume medical malpractice lawsuits need to name an individual health care provider as a defendant, such as a doctor or a pharmacist, it is important to know that facilities can also be held accountable through medical malpractice claims. Under Florida law, most hospital negligence claims will need to be filed within two years from the date of discovering the injury caused by the hospital’s negligence. If an injury is not discovered right away, a patient may have up to four years from the date that the injury actually occurred—but within two years from the date of discovering the injury—to file a hospital negligence lawsuit.
Many hospital negligence claims arise because of a fatal medical error. In cases involving a wrongful death due to hospital negligence, the plaintiff will typically have two years from the date of the patient’s death to file a wrongful death lawsuit in Florida. If you lost an elderly loved one due to hospital negligence, you should know that Florida law requires the personal representative of the deceased to be the one to file the claim.
Contact Kohn Law Today
A dedicated advocate at Kohn Law can begin working with you today on your hospital negligence claim. Our lawyers have years of experience representing clients in a range of injury cases in Southwest Florida, including those affecting older adults and their families. Contact our experienced Sarasota hospital negligence attorney today for assistance with your claim.
