After receiving treatment for an illness, a routine surgery becomes a nightmare, or an unexpected infection sets in. You suspect medical malpractice, but the responsible party is not a single doctor; it is a sprawling hospital network. Understanding the unique challenges of pursuing a claim against a large hospital system is crucial.
Layers of bureaucracy
Large hospital systems often have many departments, staff and protocols. This makes it hard to pinpoint who made the error and which policies failed.
Before diving into the difficulties, keep in mind that New York has specific rules for medical malpractice lawsuits. For example, you generally need to file a “certificate of merit” early in the case. This is a statement from a medical expert saying your claim has merit.
Large hospital systems often use their size to their advantage. It can be tough to get information. It is also difficult to identify all the people who might be responsible for your injury.
Resources and legal teams
Large hospital systems usually have significant financial resources. They also have experienced legal teams to defend them. This can make it an uphill battle for someone without legal representation.
They can afford to spend a lot of time and money fighting your claim. This could involve hiring expert witnesses and conducting lengthy investigations.
Proving negligence
When pursuing a medical malpractice case, you must prove that the hospital or its staff acted negligently. You must demonstrate that they failed to meet the accepted standard of care and that this failure caused your injury.
Standards of care are guidelines about how similarly qualified medical professionals would manage a patient’s care under the same circumstances. Proving negligence often requires medical experts to review records and testify. New York law also has rules about expert witnesses in medical malpractice cases.
Seek legal advice
The power imbalance between injured patients and large hospital systems makes professional legal representation absolutely necessary. An experienced medical malpractice attorney brings knowledge of healthcare regulations, access to medical experts and negotiation skills to level the playing field. They can evaluate your case, handle complex paperwork, meet critical deadlines and fight for fair compensation while you focus on recovery.