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Hospital Negligence

San Antonio Hospital Negligence Lawyers

Hospital Negligence Claims in Texas

Most people in Texas want to stay out of the hospital unless it's necessary. When they become injured or ill and require hospital treatment, they likely expect that their condition will improve after hospitalization. Unfortunately, this is not always the case. Many victims of hospital negligence have found that their physical and mental condition actually worsened as a result of mistakes made by hospital personnel. When this happens, having seasoned medical negligence lawyers by your side is essential.

The law is clear: When a patient’s injuries occur because of medical negligence, hospitals may be held liable. At Maloney Law Group, P.L.L.C., we fight for victims of these hospitals' negligence.

If you or a loved one has suffered life-threatening medical problems after a hospital stay, you may have been the victim of hospital negligence. You need a medical malpractice attorney who understands this complicated area of law and who has the knowledge, resources, and experience to see your case through to the end.

Holding Hospitals Accountable for Negligence

To schedule a consultation with our San Antonio medical malpractice lawyers, call us at (210) 361-2997 now.

What is Hospital Negligence?

Hospitals can be either directly liable or vicariously liable in a medical malpractice lawsuit. If the hospital failed to confirm an employee's credentials, it could be considered negligent if harm to a patient results from that failure. Additionally, nurses and other staff who fail to follow the directions of a primary health care provider could result in a successful negligence claim. Understaffing is another area of concern.

Types of Hospital Negligence

Hospital negligence is a comprehensive term for any kind of medical malpractice that took place during a hospital visit or stay. It refers to a host of injurious actions by physicians, midlevel providers, nurses, medical assistants and technicians who work at the hospital.

These actions may include:

  • Failure to monitor patients: Healthcare providers are expected to regularly monitor patients' vital signs, symptoms, and overall condition. Negligence may occur if staff neglect to monitor patients adequately, leading to undetected complications or deterioration.
  • Failure to carry out doctor's orders: Hospital staff are responsible for implementing treatment plans prescribed by doctors. Neglecting to follow these orders could result in delayed or improper care, potentially causing harm to patients.
  • Failure to notify doctors of problems: If hospital staff encounter issues or changes in a patient's condition, they are obligated to promptly inform the attending physician. Failure to do so can lead to delays in necessary interventions or treatments.
  • Errors by respiratory therapists: Respiratory therapists are crucial in managing patients with breathing difficulties or respiratory conditions. Errors in their assessments or treatments could lead to respiratory distress or other complications.
  • Errors by ICU nurses: Intensive Care Unit (ICU) nurses play a vital role in monitoring critically ill patients and administering specialized care. Errors in their duties, such as medication administration or patient monitoring, can have severe consequences for patient health.
  • Performing the wrong procedure: Surgical or medical procedures must be performed accurately according to the intended treatment plan. Performing the wrong procedure or operating on the wrong body part can result in serious harm or even death.
  • Medication errors: Mistakes in medication administration, such as administering the wrong drug or incorrect dosage, can lead to adverse drug reactions, worsening of the patient's condition, or other complications.
  • Serious infections: Hospitals are expected to maintain strict hygiene and infection control measures to prevent the spread of infections. Negligence in maintaining cleanliness or following proper protocols can result in patients acquiring serious infections during their hospital stay.
  • Neglect: This refers to a failure of healthcare providers to meet the basic needs of patients, such as providing adequate food, water, hygiene, or assistance with mobility. Neglect can lead to patient discomfort, deterioration of health, or worsening of existing medical conditions.
  • Physical abuse: In rare but egregious cases, hospital staff may engage in physical abuse of patients, which can cause physical injuries, emotional trauma, and violation of patients' rights.

It also includes systemic negligence by the hospital itself, including unsanitary conditions, inadequate staffing, inadequate training, inadequate supervision, and malfunctioning equipment.

Vicarious Liability

Vicarious liability issues could also exist. If a patient is harmed as a result of an employee's actions, the hospital could be found liable for that employee's negligence. This could mean that the hospital is financially responsible for an injured party if claims of negligence concerning one of its employees are successfully documented.

Hosptial-Acquired Infections & Other Conditions

Hospital-acquired infections (HAIs), also known as nosocomial infections, are infections that patients acquire while receiving treatment for other conditions within a healthcare facility. These infections are typically not present or incubating at the time of admission but develop during the hospital stay.

HAIs can be caused by bacteria, viruses, fungi, or other pathogens and can occur in various parts of the body. They are a significant concern because they can complicate treatment, lead to longer hospital stays, increase healthcare costs, and result in higher morbidity and mortality rates.

Common examples of HAIs include:

  • Central Line-Associated Bloodstream Infections (CLABSIs): These infections occur when bacteria or viruses enter the bloodstream through a central line, which is a catheter placed in a large vein to administer medication or fluids.
  • Catheter-Associated Urinary Tract Infections (CAUTIs): These infections are associated with the use of urinary catheters, which can introduce bacteria into the urinary tract.
  • Surgical Site Infections (SSIs): These infections occur at or near the surgical incision site within 30 days of a surgical procedure. They can affect the skin, tissues under the skin, organs, or implanted material.
  • Ventilator-Associated Pneumonia (VAP): This type of pneumonia develops in people who are on mechanical ventilation (breathing machines) through an endotracheal or tracheostomy tube for at least 48 hours.
  • Methicillin-Resistant Staphylococcus aureus (MRSA) Infections: MRSA is a type of staph bacteria that is resistant to many antibiotics. It can cause various infections, including skin infections, bloodstream infections, and pneumonia.
  • Clostridioides difficile Infections (CDI): These infections result from the overgrowth of C. difficile bacteria in the colon, often due to antibiotic use. They cause severe diarrhea and colitis.
  • Bloodstream Infections (BSIs): General term for infections that occur when bacteria or fungi enter the bloodstream, potentially causing sepsis.
  • Pneumonia: Apart from VAP, other types of pneumonia can develop in hospitalized patients, particularly those with weakened immune systems or underlying lung conditions.

Additionally, hospital-acquired conditions (HACs) are adverse health conditions or complications that patients develop during their stay in a healthcare facility, which were absent while being admitted. They can lead to prolonged hospital stays, increased healthcare costs, and significant morbidity or mortality.

Common HACs include:

  • Pressure Ulcers (Bedsores): These are injuries to the skin and underlying tissue resulting from prolonged pressure on the skin. They often develop on bony areas of the body, such as heels, elbows, and the sacrum, particularly in patients with limited mobility.
  • Falls and Trauma: Patients can experience falls while hospitalized, leading to fractures, dislocations, or head injuries. Falls can occur due to various factors, including medications, unfamiliar environments, or physical weakness.
  • Surgical Complications: This includes conditions such as postoperative bleeding, deep vein thrombosis (DVT), pulmonary embolism (PE), and wound dehiscence (reopening of a surgical incision).
  • Venous Thromboembolism (VTE): VTE encompasses both deep vein thrombosis and pulmonary embolism, conditions caused by blood clots. Hospitalized patients, especially those undergoing surgery or with limited mobility, are at increased risk.
  • Catheter-Related Complications: Beyond infections, catheters can cause complications such as thrombosis, bleeding, and mechanical issues, leading to further interventions and increased risk of other HACs.
  • Gastrointestinal Complications: These can include stress ulcers, gastrointestinal bleeding, and colitis not related to C. difficile. They can result from stress, medication side effects, or other hospital-related factors.
  • Sepsis: Severe infections that spread throughout the body, leading to systemic inflammatory response syndrome (SIRS) and potentially life-threatening organ dysfunction. Sepsis can originate from various sources, including infected wounds, catheters, or surgical sites.
  • Adverse Reactions to Blood Transfusions: Complications from blood transfusions can include allergic reactions, infections, and transfusion-related acute lung injury (TRALI).
  • Respiratory Complications: Conditions such as atelectasis (collapse of part of the lung) and pulmonary embolism can arise in hospitalized patients, particularly those who are immobilized or post-surgery.
  • Delirium: Acute confusion or cognitive dysfunction often seen in older adults, which can be triggered by the hospital environment, medications, or underlying medical conditions.

Who is Liable for Hospital Negligence?

Liability for hospital negligence can vary depending on the circumstances of the case and the jurisdiction's laws.

However, generally speaking, the following parties may be held liable for hospital negligence:

  • Hospital Administration: Hospitals can be held liable for negligence if they fail to maintain proper standards of care, adequately train staff, or ensure that appropriate protocols are followed. This could include issues like understaffing, inadequate equipment maintenance, or failure to implement safety procedures.
  • Medical Staff: Individual doctors, nurses, surgeons, anesthesiologists, and other medical professionals may be held liable if their actions or omissions result in harm to a patient. This could include errors in diagnosis, surgical mistakes, medication errors, or failure to provide appropriate treatment.
  • Contracted Service Providers: Hospitals often contract with outside companies or individuals to provide certain services such as laboratory testing, radiology, or anesthesia services. If negligence by these contracted providers causes harm to a patient, they may also be held liable.
  • Employed Staff: Hospitals employ a variety of personnel, including nurses, technicians, and support staff. If any of these employees are negligent in carrying out their duties, they may be held personally liable, and the hospital may also be vicariously liable for their actions.
  • Medical Device Manufacturers: If negligence in the design, manufacturing, or labeling of medical devices contributes to harm suffered by a patient, the manufacturer of the device may be held liable.
  • Government Entities (for Public Hospitals): In the case of public hospitals, government entities may bear liability for negligence, though the rules regarding sovereign immunity can sometimes limit the extent of this liability.
  • Third Parties: In some cases, third parties not directly associated with the hospital or medical staff may be held liable for negligence. For example, if a patient is harmed due to faulty equipment provided by an external supplier, that supplier could be held liable.

Can a Hospital Negligence Attorney Help?

Unfortunately, there are many people who will never be the same as a result of hospital negligence. In addition to their pain and suffering, many require long-term medical care that places a strain on their personal finances. To further complicate their life, many such victims in Texas are unable to work and require around-the-clock care. As a result, some choose to seek recompense by filing a civil lawsuit against the hospital. If their claims can be proved, a monetary judgment may assist them financially while also ensuring that other patients do not suffer in a similar manner.

Maloney Law Group, P.L.L.C. has handled just about every kind of hospital malpractice case. We are the hospital negligence lawyers near you, ready to help in your time of need. Texas insurance company lawyers respect our firm for this knowledge and integrity. Our hospital negligence attorneys in San Antonio are comfortable with medical terminology and hospital procedures, which aids in the extensive investigations we conduct for every case we take on.

Our firm has helped hundreds of clients find compensation and closure in this difficult area. We can do the same for you.

Call us at (210) 361-2997 to learn more about your legal options.

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