






{"id":6763,"date":"2020-02-25T12:34:00","date_gmt":"2020-02-25T12:34:00","guid":{"rendered":"https:\/\/diamondlaw.ca\/?p=6763"},"modified":"2021-11-23T15:13:48","modified_gmt":"2021-11-23T15:13:48","slug":"how-to-file-a-lawsuit-against-negligent-hospital-staff","status":"publish","type":"post","link":"https:\/\/diamondlaw.ca\/how-to-file-a-lawsuit-against-negligent-hospital-staff\/","title":{"rendered":"How To File A Lawsuit Against Negligent Hospital Staff"},"content":{"rendered":"<div class=\"wpb-content-wrapper\"><p>[vc_row][vc_column][vc_column_text]<\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">The hospital is meant to be a place of healing and wellness. The staff are meant to be your allies in building a healthier life. Unfortunately, sometimes things aren\u2019t all they should be.<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">Negligence and malpractices by <a href=\"https:\/\/diamondlaw.ca\/blog\/falls-are-no-joking-matter-for-older-adults\">hospital staff<\/a> can have serious and potentially debilitating consequences for patients.<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">If you or a loved one received medical treatment which resulted in injury or damages due to the medical staff\u2019s negligence or malpractice, you may have grounds to file a lawsuit for medical malpractice. You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other counts.<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">To file your claim, you must act within two years of discovering the injury to be within the statute of limitations.\u00a0<\/span><\/p>\n<h3 dir=\"ltr\"><strong>How Medical Malpractice Claims Against Hospital Staff Work<\/strong><\/h3>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\"><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/diamondlaw.ca\/wp-content\/uploads\/sites\/8\/2020\/02\/01-How-Medical-Malpractice-Claims-Against-Hospital-Staff-Work.jpg\" alt=\"\" width=\"1024\" height=\"450\" class=\"aligncenter size-full wp-image-6768\" srcset=\"https:\/\/diamondlaw.ca\/wp-content\/uploads\/sites\/8\/2020\/02\/01-How-Medical-Malpractice-Claims-Against-Hospital-Staff-Work.jpg 1024w, https:\/\/diamondlaw.ca\/wp-content\/uploads\/sites\/8\/2020\/02\/01-How-Medical-Malpractice-Claims-Against-Hospital-Staff-Work-300x132.jpg 300w, https:\/\/diamondlaw.ca\/wp-content\/uploads\/sites\/8\/2020\/02\/01-How-Medical-Malpractice-Claims-Against-Hospital-Staff-Work-768x338.jpg 768w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\" \/><\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">A malpractice suit can result from the actions of any hospital employee. This includes nurses, technicians, and anyone employed by the hospital.<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">If the claim focuses on the actions or negligence of a member of the hospital staff, the hospital will be liable for the damages and compensation.\u00a0<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">However, doctors are not always employed by the hospital they work at. Some doctors work as independent contractors and are not technically employees of the hospital. In this case, you would bring your medical malpractice claim against the individual <a href=\"https:\/\/diamondlaw.ca\/blog\/obtaining-compensation-for-a-doctors-negligence\">doctor\u2019s practice<\/a>, not the hospital itself.<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">Following this reasoning, if a member of hospital staff such as a nurse commits malpractice while under the direction or supervision of a non-employee doctor working in the hospital as an independent contractor, that individual doctor may be liable for the malpractice claim.<\/span><\/p>\n<h3 dir=\"ltr\"><strong>What You Need To File A Malpractice Claim<\/strong><\/h3>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\"><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/diamondlaw.ca\/wp-content\/uploads\/sites\/8\/2020\/02\/02-What-You-Need-To-File-A-Malpractice-Claim.jpg\" alt=\"\" width=\"1024\" height=\"450\" class=\"aligncenter size-full wp-image-6769\" srcset=\"https:\/\/diamondlaw.ca\/wp-content\/uploads\/sites\/8\/2020\/02\/02-What-You-Need-To-File-A-Malpractice-Claim.jpg 1024w, https:\/\/diamondlaw.ca\/wp-content\/uploads\/sites\/8\/2020\/02\/02-What-You-Need-To-File-A-Malpractice-Claim-300x132.jpg 300w, https:\/\/diamondlaw.ca\/wp-content\/uploads\/sites\/8\/2020\/02\/02-What-You-Need-To-File-A-Malpractice-Claim-768x338.jpg 768w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\" \/><\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">To file a malpractice claim, you will need evidence that you were injured by a hospital employee while they were performing their job. This might include photographs, medical records, witness testimony, or any other form of admissible evidence.<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">You will also want documents and receipts clearly showing any expenses which resulted from the incident, such as medical fees.<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">Most importantly, you will want a qualified and experienced personal injury lawyer.<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">Personal injury lawyers design their practice to be as accessible as possible.<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">That\u2019s why they almost always offer to work on a commission basis. Under a commission pay structure, you pay absolutely nothing out of pocket at any point. The lawyer will collect their fee as a percentage of the settlement or judgement from your case.<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">Combined with the free initial consultation, you really have nothing to lose by getting in touch with a personal injury attorney to review the options for your malpractice claim.<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">Your personal injury attorney will be your complete guide to the legal process. Your attorney will be available to answer any questions and provide you with legal advice. They will help you collect the proper documents and evidence to file a strong case. They will be capable of negotiating with hospitals and insurance agencies for a settlement, or representing you in court should the case go to trial.<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">Ready to see what kind of compensation the right representation can get you?<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">Schedule your free consultation today.<\/span><\/p>\n<div class=\"gt_form\" style=\"float: none !important; width: 100% !important;\">\n<h3>FREE CASE EVALUATION<\/h3>\n<p><iframe loading=\"lazy\" width=\"300\" height=\"150\" style=\"width: 100%; height: 380px;\" src=\"https:\/\/forms.framestr.com\/organization-27\/leadform\/id\/11a8deb5c2b74f41e1b6ff6d\" class=\"framestr-frame-leadform autoheight\" scrolling=\"auto\" frameborder=\"0\"><\/iframe><\/p>\n<\/div>\n<p>[\/vc_column_text][\/vc_column][\/vc_row][vc_row disable_element=&#8221;yes&#8221;][vc_column][vc_custom_heading text=&#8221;FAQ&#8217;s&#8221; font_container=&#8221;tag:h3|font_size:21|text_align:left|color:%23000000&#8243; google_fonts=&#8221;font_family:Open%20Sans%3A300%2C300italic%2Cregular%2Citalic%2C600%2C600italic%2C700%2C700italic%2C800%2C800italic|font_style:700%20bold%20regular%3A700%3Anormal&#8221;][vc_toggle title=&#8221;Can I sue the clinic responsible for my injury even if it has already closed down?&#8221; style=&#8221;square_outline&#8221; color=&#8221;black&#8221; size=&#8221;sm&#8221; el_id=&#8221;1584353198194-a95163f0-0fa2&#8243;]<span>Often, it is possible to sue the clinic that is responsible for your injury even if it has already closed down. This must be done within the time limits of the statute of limitations. It is best to hire a lawyer that has handled similar cases. These types of claims are not easy to pursue. But a lawyer that has experience of handling medical malpractice cases will be able to identify the most efficient way to handle this situation.<\/span>[\/vc_toggle][vc_toggle title=&#8221;Is there a difference between medical negligence and medical malpractice?&#8221; style=&#8221;square_outline&#8221; color=&#8221;black&#8221; size=&#8221;sm&#8221; el_id=&#8221;1584353228034-81092cd1-f326&#8243;]<span>There is a difference between medical negligence and medical malpractice. Negligence is when a medical professional makes a mistake that leads to a patient being hurt. Malpractice is when a clinician knowingly and deliberately does not provide the right type of care. If you think either of these things has happened to you, it is wise to speak to a lawyer with the expertise to handle both types of cases.<\/span>[\/vc_toggle][vc_toggle title=&#8221;Can you sue hospital clerical staff for malpractice?&#8221; style=&#8221;square_outline&#8221; color=&#8221;black&#8221; size=&#8221;sm&#8221; el_id=&#8221;1584353243560-ae626ec4-dc9a&#8221;]<span>If a clerical member of staff has made a mistake that has led to an injury it is still possible for the victim to claim compensation. The clinic they work for has a responsibility to keep their patients safe. It does not matter who on the team made the mistake, compensation would need to be paid. The fact that it was not a clinician that directly caused the injury can complicate the case. But a medical injury lawyer that has plenty of experience will still know how to handle this complicated situation.<\/span>[\/vc_toggle][\/vc_column][\/vc_row]<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>[vc_row][vc_column][vc_column_text] The hospital is meant to be a place of healing and wellness. The staff are meant to be your allies in building a healthier life. Unfortunately, sometimes things aren\u2019t all they should be. Negligence and malpractices by hospital staff can have serious and potentially debilitating consequences for patients. If you or a loved one&hellip;<\/p>\n","protected":false},"author":1,"featured_media":6767,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"ngg_post_thumbnail":0,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-6763","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized","entry"],"_links":{"self":[{"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/posts\/6763","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/comments?post=6763"}],"version-history":[{"count":0,"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/posts\/6763\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/media\/6767"}],"wp:attachment":[{"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/media?parent=6763"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/categories?post=6763"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/tags?post=6763"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}