How to Prove Hospital Negligence in a New Jersey Medical Malpractice Case

While medical malpractice claims are often based on the professional negligence of medical providers, this isn’t always the case. Sometimes, negligence on the part of the hospital itself is the underlying cause. Medical malpractice claims are always legally challenging, and those involving hospital negligence can be more so. Our experienced medical malpractice attorneys at Ginsberg & O’Connor are on your side.

Hospitals Throughout New Jersey Are Held to Strict Safety Guidelines

Hospitals throughout New Jersey must comply with all state-mandated safety standards to be licensed for operation. These standards are rigorous, and they don’t end with state requirements. To be accredited by the federal Joint Commission, which every major hospital in Cherry Hill is, the facility must adhere to each of the Commission’s safety standards. When a hospital fails to meet the professional standards that apply and a patient is harmed as a direct result, it can support a strong medical malpractice claim.

The Hospital’s Position

The burden of proof when it comes to your hospital negligence case lies with you. This means that you’ll need to establish the hospital’s negligence, which amounts to the facility’s failure to meet all applicable requirements.

An important point to keep in mind, however, is that hospitals are very invested in maintaining their reputations and in generating revenue. As a result, you can expect the medical facility to use its considerable resources to fight your claim.

Common Forms of Hospital Negligence

To prove that the hospital in which you were treated failed to uphold the duty of care you were owed, you’ll need to establish that the facility engaged in some form of negligence. A prime example of this is negligent hiring practices, which can include any of the following:

• Failing to ensure that the medical professionals hired have the necessary credentials
• Failing to perform adequate background checks
• Failing to staff the facility adequately

Hospitals, however, can also engage in administrative forms of negligence, such as failing to maintain equipment adequately or to provide adequate supplies. Additional concerns include ineffective or unenforced policies and inadequate recordkeeping. When hospitals put profits before safety, cases of hospital negligence become far more likely.

Proving Hospital Negligence

The most important step you can take to prove that a hospital’s negligence caused you to suffer legal damages is consulting with a reputable medical malpractice lawyer early on. The kind of evidence that is likely to make a big difference in your case includes the following:

• First-hand testimony of medical professionals who treated you or who witnessed your treatment
• The hospital’s hiring records
• Expert testimony of professionals in related medical fields, such as the administrators of other hospitals or former administrators from the hospital in question
• The medical records associated with your case
• Any physical evidence that speaks to equipment failure or adverse conditions in the hospital

Our Malpractice Lawyers Are Standing By to Help

Our capable Cherry Hill medical malpractice attorneys at Ginsberg & O’Connor recognize how important obtaining fair compensation is to your recovery, and we will spare no effort in our quest to help. Learn more by contacting us online or by calling 856-727-1991 today.