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What Are the Chances of Winning a Lawsuit Against a Hospital?

what are the chances of winning a lawsuit against a hospital

Suing a hospital can feel overwhelming. However, with the right legal support and a clear understanding of the process, you can hold hospitals accountable for wrongdoing and potentially secure the compensation you deserve.

McCoy & Sparks has experience representing individuals and families in medical malpractice cases in Kentucky, including those against hospitals. If the case is outside of our area of knowledge then we team with other lawyers that have had success in similar cases. If you’re considering legal action, it’s important to know what factors influence your chances of winning and what steps are involved in filing a lawsuit.

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Reasons to Sue a Hospital

Hospitals are viewed as being responsible for providing patients with safe, competent care. Unfortunately, mistakes do occur, and they can lead to long lasting harms. Common reasons to sue a hospital include:

  • Medical malpractice. Negligence by doctors, nurses, or other medical staff is a common reason to sue a hospital. Such negligence can take the form of surgical errors, improper diagnoses, or anesthesia mistakes, just to name a few.
  • Inadequate staffing. If a hospital fails to provide enough staff or properly train them, it may be held liable for resultant patient injuries.
  • Equipment failures. Faulty or improperly maintained medical equipment can result in serious harm.
  • Administrative errors. Issues like miscommunication, lost medical records, or errors in scheduling can lead to dangerous consequences.
  • Premises liability. Slip and fall accidents, unsafe conditions, or other hazards on hospital property can also justify a lawsuit.

This is not an exhaustive list. So, if you believe that a hospital may be responsible for causing an injury, it’s best to check with a knowledgeable attorney who can advise you as to whether you might have a viable claim

Factors That Influence the Chances of Winning

Suing a hospital is a significant legal undertaking. Various factors can affect your likelihood of success.

The Quality of Evidence

Evidence such as detailed medical records, expert witness testimony, and documented harm will play a key role in proving your case. The more compelling and well-documented your evidence, the harder it will be for the hospital to dispute your claims.

Legal Representation

Working with an experienced attorney, like those at McCoy & Sparks and those that they team with, ensures that your case is presented effectively, maximizing your chances of success. An attorney’s knowledge, skill, and experience help them identify legal strategies and arguments that may not be obvious to someone unfamiliar with medical malpractice cases.

The Severity of Harm

Cases involving substantial harm, such as wrongful death or permanent disability, often lead to longer and more combative fights but also to higher compensation. Significant harm strengthens your case and increases the potential value of your settlement or verdict.

Hospital’s Defense Strategy

Hospitals and their insurance providers typically have strong legal teams that aim to minimize liability or shift liability to individual doctors that are not employed by the hospital. Having an attorney who understands the tactics used by such legal teams can make a crucial difference in overcoming the defense’s efforts to deny or undervalue your claim. A skilled attorney can anticipate and counter their arguments.

Understanding and proactively addressing these factors can help position your case for a successful outcome.

How to Sue a Hospital

Suing a hospital can feel like suing a behemoth undertaking, as they are large, well-funded, and presumably have an army of lawyers ready to defend them. Many are intimidated by this prospect and wonder how to sue a hospital and have a chance at getting a good result. But you can successfully sue a hospital—despite their size and resources. So, let’s discuss the essential steps you’ll need to take.

Consult an Experienced Attorney

Seek a lawyer that has experience with hospital negligence and medical malpractice cases. In Kentucky, McCoy & Sparks has a track record of advocating for injured clients. We also have a network of attorneys throughout the state that we work with to best secure your rights. 

Collect Evidence

Medical records, photographs, witness statements, and expert opinions can help support your claim. Your attorney can guide you in gathering the right evidence.

File Your Complaint

After evaluating your case, your attorney will draft and file a legal complaint against the hospital. This document formally outlines your allegations and the damages you’re seeking. In Medical Malpractice cases, you are generally required to have the support of a medical professional that will certify that negligence was the cause of the injury.  With a few exceptions, you need this before filing the Complaint. 

Prepare for Litigation

The hospital’s defense team may challenge your claim aggressively. With the proper preparation and legal representation, you can build a strong case to counter their defenses.

By following these steps and collaborating with a knowledgeable attorney, you can confidently navigate the legal process and work toward a fair resolution.

Do Hospitals Usually Settle Out of Court?

Yes, many hospitals do settle out of court, but only when they are exposed to the possibility of a judgement. In fact, most negligence cases are settled before going to trial. Hospitals may prefer to avoid the expense and publicity of a court battle, particularly if the evidence strongly supports the plaintiff’s claims.

Settlements can provide quicker resolutions and allow both sides to avoid the cost and stress of a trial. However, it’s essential to have an experienced attorney negotiate on your behalf. An experienced lawyer will increase the likelihood of a serious offer and ensure the settlement offer is fair and accounts for all your damages, including past and future projected medical expenses, lost wages, and intangible losses like pain and suffering.

How Long Do You Have to Sue for Misdiagnosis in Kentucky?

The statute of limitations dictates how long you have to sue for misdiagnosis in Kentucky. For medical malpractice cases, including misdiagnosis, the time period is generally one year but there are numerous issues and exceptions to this rule. This generally means you should file your lawsuit within one year from the date you discovered or should have reasonably discovered the injury caused by the misdiagnosis. However, this timeline can be more complex than it seems, as the exact starting point often depends on the specifics of your case.

For instance, if the effects of the misdiagnosis were not immediately apparent, the one-year period may begin when the harm becomes noticeable or when a second medical opinion reveals the error. This is codified in Kentucky Statute § 413.140(2) and is known as the discovery rule. Additionally, there are exceptions for cases involving minors, where the statute of limitations may be extended until the minor turns 18.

It’s crucial to act quickly, as failing to file within the required time frame will likely result in your case being dismissed, regardless of its merits. Consulting with an attorney as soon as possible ensures your case is filed within the legal deadlines and gives your legal team time to gather evidence and build a strong argument.

At McCoy & Sparks, we can evaluate the specifics of your case and guide you through the legal process to ensure you meet all deadlines. Understanding and navigating the statute of limitations is a critical step in pursuing justice for a misdiagnosis claim in Kentucky.

Kentucky Personal Injury & Medical Malpractice Attorneys

Suing a hospital can be challenging, but with the right legal representation and preparation, you can pursue justice and secure the compensation you deserve. McCoy & Sparks is committed to guiding clients through every step of this complex process, offering compassionate support and skilled advocacy.If you’re wondering what are the chances of winning a lawsuit against a hospital, reach out for a free consultation. With over $60 million in judgments and settlement for our clients, we’re ready to put our experience and dedication to work for you.