Can You Sue a Hospital for Emotional Distress?
Gregg Hollander | July 12, 2024 | Medical Malpractice
Medical negligence in a hospital setting can take various forms, including an improper medical procedure, medication error, or other serious mistake. In a medical malpractice claim or lawsuit against the hospital, injured patients can pursue compensation for their emotional distress. Emotional distress damages can cover mental health treatment expenses (including counseling or psychiatric treatment costs), mental anguish, trauma, pain, suffering, and similar losses.
A skilled medical malpractice attorney in your area can file the appropriate claim or lawsuit on your behalf and pursue the compensation you need for your emotional distress and other losses.
What Happens When Hospital Medical Providers Are Negligent?
When hospital medical providers do not meet expected standards, patients can experience a range of medical complications that have serious consequences for their health and well-being. These complications can vary widely in nature and severity.
- One type of complication involves infections. Hospitals are environments where infectious diseases can spread easily if proper hygiene and sanitation protocols are not followed. Patients may acquire hospital-acquired infections (HAIs) such as pneumonia, urinary tract infections, or surgical site infections. These infections can lead to prolonged hospital stays, additional treatments, and, in severe cases, life-threatening conditions.
- Medication-related complications are also common in hospitals. Errors in prescribing, administering, or monitoring medications can result in adverse drug reactions, overdoses, or interactions between drugs that harm the patient. These complications can range from mild allergic reactions to severe organ damage or failure.
- Surgical complications are another significant concern at hospitals. Even with careful planning and skilled practitioners, surgeries carry inherent risks. However, when hospitals and medical providers are negligent, these risks can increase. Complications such as bleeding, infections at the surgical site, damage to nearby organs or tissues, or complications related to anesthesia can occur. These issues may require additional surgeries and prolonged recovery times.
- Inadequate monitoring and management of hospital patients can lead to complications as well. Patients who are not properly monitored may experience falls, which can result in fractures or head injuries. Others may develop pressure ulcers (bedsores) due to prolonged immobility and inadequate care. Additionally, patients requiring close observation for specific conditions may not receive timely interventions or adjustments to their treatment plans, potentially leading to worsening of their health status.
- Psychological complications are also noteworthy. Hospital patients who experience medical negligence may suffer from anxiety, depression, or post-traumatic stress disorder (PTSD). These emotional responses can result from the trauma of experiencing medical complications or facing uncertainty about their future health.
If you or a loved one suffered any of these complications due to medical negligence in a hospital, a skilled medical malpractice attorney can investigate the circumstances and determine your legal options.
Who is Responsible for Negligence in a Hospital Setting?
In a hospital setting, several parties may be held responsible for negligence, which is a failure to provide the appropriate standard of care, leading to patient harm. The key individuals and entities include doctors, nurses, hospital staff, and the hospital itself.
- Doctors are often held accountable for negligence. They are responsible for diagnosing illnesses, prescribing treatments, and performing surgeries. If a doctor makes a wrong diagnosis, prescribes incorrect medication, or performs a procedure improperly, they can be found negligent. For instance, if a surgeon leaves an instrument inside a patient during surgery, this would be clear evidence of negligence.
- Nurses also play a crucial role in patient care and can be liable for negligence. They are responsible for administering medication, monitoring patients, and providing general care. If a nurse administers the wrong dosage of medication or fails to monitor a patient’s vital signs properly, resulting in harm, they can be considered negligent.
- Other hospital staff, such as technicians and administrative personnel, may also be responsible for negligence. Technicians, for example, handle medical equipment and tests. If a lab technician incorrectly reads a test result, leading to a wrong diagnosis and treatment, they can be held accountable. Similarly, administrative errors, such as misfiling patient records or scheduling errors that delay treatment, can also constitute negligence.
- Lastly, the hospital as an institution can be liable for negligence. Hospitals are responsible for hiring qualified staff, maintaining equipment, and ensuring that protocols and procedures are followed. If a hospital fails to adequately vet their employees or maintain a sterile environment, leading to infections or other complications, the hospital can be sued for negligence.
Filing and Proving a Lawsuit against a Hospital for Emotional Distress
Filing a lawsuit against a hospital for emotional distress involves proving several legal elements to establish a valid claim. Emotional distress, also known as mental anguish or psychological injury, must be severe and directly result from the hospital’s actions or negligence.
- A medical malpractice lawyer will begin by demonstrating that the hospital owed a legal duty of care to the patient (the plaintiff). Hospitals have a legal duty to provide competent medical treatment and ensure patient safety. This duty extends to preventing harm that can reasonably be foreseen.
- The claimant must show that the hospital breached this duty of care through negligent actions or failures to act. This may include misdiagnosis, medication errors, surgical mistakes, inadequate patient monitoring, or other forms of negligence that directly contributed to the emotional distress that the plaintiff suffered.
- The plaintiff needs to prove causation, establishing that the hospital’s breach of duty was a direct cause of their emotional distress. This requires showing that the distress would not have occurred “but for” the hospital’s negligence. Expert medical testimony and evidence are often used to establish this causal link.
- The emotional distress that the plaintiff suffered must be severe and substantial. This typically means proving that the distress resulted in significant mental suffering, anguish, or trauma that goes beyond the ordinary emotional ups and downs of life. Documentation from mental health professionals, testimony from the plaintiff and their loved ones, and other evidence may be used to demonstrate the severity of the emotional distress.
To satisfy these elements and successfully prove a claim for emotional distress against a hospital, plaintiffs often gather medical records, expert opinions, witness statements, and other documentation to support their case. It’s also essential to adhere to procedural requirements for filing lawsuits, including deadlines for filing claims (statutes of limitations) and any administrative procedures required before litigation.
In court, plaintiffs may seek compensation for various damages related to their emotional distress, including medical expenses for psychological treatment, loss of income due to inability to work, and damages for pain and suffering.
An experienced medical malpractice attorney can provide invaluable guidance and representation to help plaintiffs pursue justice and fair compensation for the emotional distress they suffered due to hospital negligence.
What Happens if a Hospital Negligence Lawsuit Alleging Emotional Distress Goes to Court?
If a hospital negligence lawsuit alleging emotional distress goes to court, the legal process unfolds with several key steps and considerations.
First, both parties – the plaintiff (the person suing the hospital) and the defendant (the hospital) – present their cases before a judge and possibly a jury. Each side presents evidence, including medical records, expert testimony, and any other relevant documentation to support their arguments.
During the trial, the plaintiff’s attorney will typically argue that the hospital breached its duty of care, leading to severe emotional distress for the plaintiff. They will seek to establish that the hospital’s negligence directly caused the distress, providing specific examples of how the hospital’s actions or omissions resulted in harm.
Conversely, the defense will attempt to refute these claims. They may argue that the hospital followed standard medical practices and did not breach any duty of care. They may also argue that the claimed emotional distress is not severe or that it resulted from factors unrelated to the hospital’s actions.
Witnesses, including medical experts and possibly the plaintiff, may testify during the trial to provide their perspectives on the case. Expert witnesses are often crucial in medical negligence cases to explain complex medical concepts and to support or challenge the claims that both parties make.
The judge or jury will then evaluate the evidence presented and determine whether the hospital is legally responsible for the plaintiff’s emotional distress. They will consider whether the plaintiff successfully proved all elements of their claim, including duty of care, breach of duty, causation, and severity of the emotional distress.
If the court rules in favor of the plaintiff, they may be awarded damages. These damages can include compensation for medical expenses related to treating the emotional distress, loss of income if the distress prevented the plaintiff from working, and damages for pain and suffering endured as a result of the negligence.
Alternatively, if the court rules in favor of the hospital, the plaintiff’s case is dismissed, and they receive no compensation. Either party may file an appeal if they believe legal errors were made during the trial.
An experienced medical malpractice attorney can handle every step of the litigation process for you and represent you during all legal proceedings in your case – including a jury trial.
Types of Recoverable Emotional Distress Damages in a Hospital Negligence Lawsuit
In a hospital negligence lawsuit where emotional distress is claimed, there are various types of damages that may be recoverable to compensate the plaintiff for the harm they suffered, including all of the following:
- Medical Expenses – This includes costs related to seeking medical treatment for the emotional distress resulting from hospital negligence. It covers expenses such as therapy sessions, counseling, psychiatric treatment, medications, and any other medical interventions deemed necessary to address emotional distress.
- Lost Income – If the emotional distress resulted in the plaintiff being unable to work or missing work days, they may seek compensation for lost income or lost earning capacity. This can include past lost income as well as future income that may be affected due to ongoing emotional distress.
- Pain and Suffering – This category covers the actual emotional pain, suffering, and anguish that the plaintiff experienced as a result of the hospital’s negligence. It compensates for the mental and emotional trauma endured, including anxiety, depression, PTSD, insomnia, and other emotional effects resulting from the hospital’s negligent actions.
- Loss of Consortium – In cases where emotional distress has affected relationships with family members, loss of consortium damages may be awarded. This compensation is intended to address the negative effects on marital relationships, loss of companionship, and inability to enjoy the normal benefits of family life.
- Punitive Damages – In some jurisdictions and under certain circumstances, punitive damages may be awarded to punish the hospital for particularly egregious conduct or gross negligence. Punitive damages are meant to deter similar misconduct in the future and are not focused on compensating the plaintiff directly for their losses.
To recover these damages in a hospital negligence lawsuit alleging emotional distress, the plaintiff must provide sufficient evidence and meet the necessary legal standards. This typically involves demonstrating that the hospital breached its duty of care, that this breach directly caused the emotional distress, and that the distress is severe enough to warrant compensation.
Evidence supporting the claim for emotional distress damages may include medical records documenting diagnoses and treatments for the emotional injuries, testimony from mental health professionals regarding the severity and effect of the distress, and testimony from the plaintiff and their loved ones regarding the changes in behavior and quality of life resulting from the distress.
Emotional distress damages in hospital negligence cases aim to provide compensation for the tangible and intangible losses that the plaintiff experienced due to the hospital’s negligence. These damages are intended to help restore the plaintiff’s quality of life and provide financial relief for the hardships they endured due to the hospital’s actions or failures to act.
Contact a Skilled Medical Malpractice Lawyer in Your Area Today
If you are a victim of medical malpractice in a hospital setting, a knowledgeable personal injury lawyer can handle every step of the legal process for you. Your lawyer will aggressively fight for your rights during insurance company settlement negotiations, represent you at various legal proceedings, and work to maximize the compensation award you receive for your emotional distress and related losses.