If you or your loved one suffers harm and damages in hospitals due to the negligence of the hospitals, their staff, or affiliated healthcare professionals, then it indicates hospital negligence.
And in such cases, you have the legal right to file a medical lawsuit against them. Yet you must always prove the four elements are present to a valid negligence claim:
- Duty of Care
- Breach of Duty
- Causation
- Damages
However, if you believe that negligence caused your injury, here we’ve covered a step-by-step guide to help you take steps on how to sue a hospital for negligence. We also provide when you sue, and what to do to prove it.
What is Hospital Negligence?
Hospital negligence happens when a hospital or its staff fails to provide an acceptable standard of care, which Illinois law defines based on what a reasonably competent provider would do under similar circumstances.
The doctor, nurses, or the hospital itself can make the mistake and be liable for negligence. Then the patient raises a medical negligence or malpractice claim for compensation.
Learn more about what qualifies as medical negligence in Illinois.
Can You Sue A Hospital or a doctor?
Yes, you can sue either a hospital or a doctor if their negligence actually caused you harm, and you can prove that.
You can sue a hospital if the person who caused your injury is an employee(nurse, technician, or staff doctor) in this hospital. The hospital may also be responsible for its poor system, lack of training, or unsafe conditions.
You can also sue a doctor (a contractor or private practitioner) who is liable for providing negligent care.
However, not all medical mistakes count as malpractice. If a doctor provides proper care and a bad outcome still happens, it may not always be their fault.
To win a legal medical malpractice claim, there must be clear proof of negligence that directly caused injury.
What Can You Sue A Hospital For?
You can sue a hospital for any negligent act or failure to act that causes the patient injury. Here we’ve listed some common examples to sue a hospital or doctor:
Misdiagnosis or delayed diagnosis
- Misdiagnosis or delayed diagnosis
- Surgical errors, for example as operating on the wrong site
- Delayed treatment
- Medication mistakes, including dosage or prescription errors
- Failure to monitor a patient’s condition properly
- Infections due to poor hygiene or unsterile equipment
- Understaffing, leading to rushed or substandard care
- Negligent hiring or lack of staff training
- Staff Miscommunication, Critical info not shared between hospital teams
- Emergency Negligence, Mishandled emergencies, delayed or improper care
- Policy Gaps, Missing or ignored protocols during surgery, birth, or triage
One of the most serious forms of hospital negligence involves anesthesia errors. For a full breakdown of who can be held accountable in such cases, see our post on liability for anesthesia-related hospital injuries.
Is it hard To Sue a Hospital for Negligence?
Yes, suing a hospital for negligence is hard, but possible if you have proper evidence and legal help.
Medical laws are complex. So, you must show that medical negligence occurred and prove the below four legal elements:
- Duty of care: The hospital or doctor had a legal responsibility to care for you.
- Breach of duty: They failed to provide care that meets accepted medical standards. To learn what this means legally, visit our guide on how a doctor breaches the standard of care, which includes key Illinois examples.
- Causation: Their mistake directly caused your injury or worsened your condition.
- Damages: You suffered physical, emotional, or financial harm.
If you’re unsure how the legal system defines acceptable medical standards, explore how Illinois courts define and apply the standard of care in malpractice cases.
How to Prove Medical Malpractice Damages
To prove damages in a medical malpractice lawsuit, You need to show some evidence of how the negligence harmed you. Learn how to build this link legally by reviewing our resource on how to prove causation in medical negligence cases. This can include:
- Medical Bills: Hospital stays, treatments, surgeries, medications
- Lost Wages: Pay stubs or employer statements showing missed work
- Pain and Suffering: Personal journals, therapy notes, or testimony
- Permanent Injury or Disability: Doctor reports, rehab records
- Wrongful Death: Death certificate, funeral costs, and family impact.
How to Sue A Hospital or Doctors: 6 detailed steps
So if you have suffered serious harm due to a hospital’s negligence, you can seek justice and compensation through a medical malpractice case.
Depending on the state law, the process of suing a hospital or doctor can vary. Though it is complex to win this case, but possible through strategic planning. And here we’ve explored the step-by-step process to sue a hospital.
- Consult a Medical Malpractice Attorney
The first step is to consult a medical malpractice attorney who specializes in medical negligence cases. The medical negligence cases are complex, so you need to take legal expertise.
To better understand what counts as malpractice under Illinois law, review our comprehensive guide to medical negligence in Illinois.
A skilled medical malpractice attorney:
- Reviews your medical records and facts
- Determines if your case meets legal requirements
- Advises when the hospital or a specific healthcare provider is responsible
- Connects you with medical experts to support your claim
- Helps you avoid missing legal deadlines
However, most lawyers in this field work on a contingency fee. It means you don’t need to pay unless you win the lawsuit. So, choose a skilled and professional lawyer to ensure success.
2. Check The Statute Of Limitations
Then check the statute of limitations. Every state has a legal timeline or deadline called a statute of limitations to file a medical malpractice case.
This time range is between 1 to 3 years. It may start from the date of your injury or from the date the injury was discovered.
For example, in California, the time limits to file a lawsuit often range from one to ten years based on the type of claim. For most personal injury or medical malpractice cases, the standard deadline is around two to three years.
So you should start the process as soon as possible. If you fail to file the lawsuit within the allowed time, the court will dismiss the case even if your claim is valid.
3. Record The Incident
As mentioned above, gather all relevant records and documentation relevant to your case:
- Medical records, test results, and doctor’s notes
- Prescription history
- Photos of injuries or complications
- Personal journal entries detailing symptoms, pain, or emotional impact
- Receipts or bills for medical expenses
This information will help show how the hospital’s actions (or inaction) caused you injury.
4. Define Liability
Now, at this point, you must identify who is legally liable for this medical negligence claim. Lets explore some of them:
Doctor
A doctor can be responsible if their misdiagnosis, surgical errors, or poor treatment result in injury to a patient.
If a doctor is an employee of the hospital, both the doctor and the hospital can be jointly liable.
However, if the doctor is an independent contractor, you can only sue the doctor.
Nurses
Nurses play a crucial role in caring for a patients, and their activities are closely linked to hospital liability. If they administer the wrong medication, fail to monitor, or do not follow orders and their negligence causes the patient harm, they must be liable and sued.
Pharmacists
Hospital pharmacists will ensure the patient receives the correct medications. But if they give the wrong medication or miss harmful drug interactions, they can be liable.
In that case, hospitals may share liability if the pharmacist is on staff.
Non-Medical Staff
Clerks, janitors, or admin staff can also be liable for negligence if they cause harm through mistakes like record errors or poor sanitation.
Hospitals are also responsible for their negligence if it affects patient care.
5. Prepare Your Complaint
When your lawyer collects all the necessary facts and evidence, they will prepare and file a formal legal complaint with the proper court. It is official legal evidence, and it starts your lawsuit. It includes:
- Names of the parties involved (plaintiff and defendant)
- Factual background of the incident
- Description of the hospital’s negligence
- Evidence of harm and damages suffered
- Legal basis for the claim (malpractice, negligence, etc.)
The complaint will list all damages you’re pursuing. Depending on your situation, this may include:
- Medical costs (past and future treatment)
- Long-term or permanent disability
- Disfigurement or scarring
- Need for ongoing care or rehabilitation
- Loss of income or reduced earning ability
- Funeral or burial expenses (in wrongful death cases)
- Pain and emotional suffering
- Loss of enjoyment of life
- Loss of companionship (consortium)
- Survival damages
- Out-of-pocket expenses related to your care
However, every case is different, so you may not apply to all of these. That is why you should keep detailed records of the incidents mentioned above.
Some states require a certificate of merit. Here, A licensed medical expert ensures that the hospital likely breached the standard of care. Learn why expert testimony is required in Illinois medical negligence cases, including how qualifications are evaluated.
6. Go To Trial
When a liable hospital or doctor refuses to give compensation or take responsibility, and even doesn’t offer any settlement, the case proceeds to trial.
At this point, your lawyer shows evidence, medical records, and expert testimony. On the contrary, the hospital’s lawyers also offer their defense and often blame unrelated health issues.
However, both sides will present their case with proper facts and documents. A judge or jury hears both sides and determines whether negligence occurred.
If you win in this case, they will determine the amount of compensation you should be owed.
Alternatives to suing a hospital for negligence
If a doctor or a hospital’s negligence causes harm, you may want to sue them to recover possible losses. Though going to court for this case can help you get fair compensation, it’s not always the best choice.
The legal process can be confusing and stressful, especially if you’ve never been to court before.
Even if you decide to move forward, the process can take a long time and be very tiring. That’s why it’s sometimes better to try other options first, like settling the case or using mediation.
These can be faster and less stressful ways to solve the problem.
Settlement
The first step in a medical malpractice case is to send a demand for payment. This letter explains what went wrong and asks for money to cover your losses. It also warns that you will take legal action if the claim is not paid.
Even though the letter goes to the doctor or hospital, it’s usually their insurance company that decides whether to pay or not.
This step often starts a negotiation. Many claims are settled at this stage, without going to court. But if a lawsuit is needed, you can still settle the case at any time, even during trial.
In fact, filing a lawsuit often pushes the other side to settle. Medical malpractice lawyers know how to handle the process and work to get the highest possible compensation for their clients.
Mediation or Arbitration
Mediation or Arbitration is a common alternative to going to court for medical malpractice cases.
Many states allow malpractice claims to be resolved through arbitration. And some states even have specific laws for it.
In arbitration and mediation, instead of a judge, a neutral third party or panel reviews the case and makes a decision.
FAQs About Suing a Hospital
Are all lawsuits against a hospital considered medical malpractice?
No. Some lawsuits, like slip and fall injuries, may involve other legal issues on hospital property or administrative negligence. Those cases related to improper medical care, considered medical malpractice.
How much money can I get from suing a hospital?
The actual amount you can receive depends on your injury, how it affects your life, and the laws in your state. Some cases may settle for thousands, while others result in millions.
Can You Still Sue If You’re Partly at Fault?
Even if you’re partially responsible, you may still be able to sue under Illinois’s 51% rule. For details, check our guide on how comparative fault affects hospital negligence lawsuits.
Final thought
So, if you are sure that a doctor or a hospital’s negligence directly caused you harm, don’t delay. You have the legal right to sue a hospital for compensation. Though it is a serious and complex legal process, it is possible to win.
The key to success here is to take timely action, gather strong evidence, and work with a skilled malpractice lawyer.
So start by consulting with a lawyer who will help you prove your damages. Otherwise, the court will dismiss the case instead of the proper claim.