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Hospital Negligence in a Medical Malpractice Case.
Hospital negligence occurs when a hospital or health care facility fails to follow the duty of care they owe to patients. Hospital negligence and medical malpractice can be a very complicated area of law. You need a lawyer with the right education and experience to guide you step-by-step through your case. The Krupp Law Firm has more than 30 years of combined experience and is here to help you. This is a time-sensitive issue and I encourage you to contact The Krupp Law Firm immediately at 314-835-9999
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How Krupp Law Firm Can Help You
As you seek legal representation for a hospital negligence claim, you can rely on the experience and dedication of attorney James P. Krupp. James has been a tireless advocate for clients in the St. Louis area for over 30 years, specializing in personal injury, business litigation, traffic cases, workers’ compensation, and other legal matters. He not only has a Juris Doctorate Degree from SLU Law School, a well-respected institution in the field of law, but also boasts an impressive track record of achieving outstanding results for his clients. This is particularly evident from the testimonials provided by those he has represented, demonstrating his ability to handle complicated cases and negotiate substantial settlements with insurance companies.
James P. Krupp is not just an accomplished attorney; he's also a lifelong St. Louis resident who understands the unique legal landscape of our city. His commitment to this community is demonstrated by his decision to dedicate his life to helping his neighbors in all kinds of legal situations. James's clients appreciate his diligent approach to their cases and the level of personal attention they receive. As your attorney, James will apply his comprehensive legal knowledge and unwavering dedication to pursue the best possible outcome for your case. His experience navigating complex personal injury cases, including hospital negligence claims, ensures you will have a competent and committed advocate on your side.
Moreover, his vast experience in handling personal injury cases provides him with a nuanced understanding of medical malpractice law, making him an excellent ally in the pursuit of a hospital negligence claim. You can trust in his ability to negotiate with insurance companies and work towards a favorable settlement, as demonstrated in numerous testimonials. Additionally, James has taken his legal expertise to the airwaves, hosting lawyer radio call-in programs, further emphasizing his commitment to educating and assisting individuals in legal matters. This blend of experience, dedication, and commitment to his clients sets James apart as a trusted legal partner in your journey towards justice.
In tandem with James P. Krupp, attorney Ryan J. Krupp brings a unique perspective to the handling of hospital negligence cases. Ryan's extensive background in criminal prosecution, including stints at the Jackson County Prosecutor’s Office and Johnson County District Attorney’s Office, has equipped him with a keen understanding of the intricacies of the law and the courtroom. His direct involvement in the prosecution of various criminal cases, including domestic violence, assault, drug cases, SVU cases, juvenile offenders, and other felonies and misdemeanors, offers him a distinct advantage when it comes to defending your rights in a hospital negligence claim.
Beyond his extensive legal experience, Ryan has an educational background that focuses on advocacy, holding a Juris Doctor degree from UMKC School of Law. Furthermore, his recognition by the Bar Association Of Metro St. Louis (YLD) as the Chair-elect for 2023-2024, along with other professional affiliations, demonstrates his commitment to the legal community and his dedication to maintaining high standards of legal practice. When you choose Ryan as your legal representative, you not only get an attorney who understands the legal system but also one who has a proven track record of success in the courtroom.
Ryan's reputation as a compassionate attorney who is passionate about using his winning mindset to help people and ensure justice is particularly vital in medical malpractice cases. As demonstrated in the testimonials from his previous clients, Ryan is meticulous, caring, and steadfast. He has a knack for finding discrepancies in evidence that can turn the tide in favor of his clients. Such attention to detail is essential in hospital negligence cases where every piece of evidence could make a significant difference in the outcome. His dedication to justice, along with his successful track record, ensures that your case will be handled with the utmost professionalism and competence.
Suing a Hospital for Negligence.
Patients depend on hospitals to provide a basic level of care but sometimes hospitals fail to provide that care. Patients can suffer injury or loss and the hospital may be responsible for compensating for these losses. Only when a doctor or hospital fails to exercise reasonable care will a medical negligence case be actionable.
A hospital may be held liable for injuries to a patient in a medical malpractice case. A hospital can be also held liable for the negligence of its employees.
Hospital staff typically includes:
- Physicians (ER doctors, surgeons, hospitalists)
- Nurses (CRNA, RN, LPN/LVN, CNS)
- Techs (Radiology Tech, Ultrasound Tech, Surgical Tech)
- Therapists (Physical Therapist, Radiation Therapist)
- Medical Assistants
- Support Staff
A common misunderstanding is that hospitals are liable for the malpractice of a doctor.
In many cases, doctors are not employees of a hospital. Instead, they may have admitting privileges at a hospital, but function as independent contractors. Doctors can be employees or independent contractors. A hospital has more control over the working relationship with employees than they do with independent contractors. This matters because if a doctor is an independent contractor the plaintiff may not be able to sue the hospital.
Characteristics of an employee:
- the hospital’s ability to control medical standards;
- the hospital’s ability to control prices set for services;
- the hospital’s requirement that the physicians maintain liability insurance with certain limits;
- right to terminate individual physicians under the contract if dissatisfied with performance;
- ownership of all of the equipment;
- the exclusivity of the contract (only physician group performing such services at the hospital).
Characteristics of an independent contractor:
- The relationship is based upon a written contract in which the physician group agrees to provide services to the hospital.
- The physician group is the signatory to the contract, is a separate legal entity, and is the employer of the physician.
- The hospital does not employ or pay the physician.
- The hospital does not directly set the physician’s work hours at the hospital.
- The hospital does not bill patients for the services of the physician.
The main difference between an employee and an independent contractor. An independent contractor decides what work will be done and when their work will be done. For an employee, a hospital dictates what work will be done and when it will be done.
It is often very difficult to know whether a doctor is an employee or an independent contractor. This work should be left to an experienced attorney. It may be possible if the plaintiff was led to believe the doctor was employed by the hospital the plaintiff may be able to sue the hospital.
Causes for Hospital Negligence.
Hospital negligence occurs when a hospital or health care facility fails to follow the duty of care they owe to patients in dealing with those patients.
Depending on who was providing the service, examples of hospital negligence may include:
- Failure to diagnose or misdiagnosing an injury or illness,
- Misreading or ignoring laboratory results,
- Unnecessary surgery,
- Surgical errors,
- Improper medication or dosage,
- Poor follow-up or aftercare,
- Premature discharge,
- Disregarding or not taking appropriate patient history,
- Failure to order proper testing,
- Failure to recognize symptoms.
There may be many other examples of hospital negligence not listed here. Contact the Krupp Law Firm immediately for a free consultation.
Hospital Negligence and Medical Malpractice Lawyers.
In Missouri, the statute of limitations for filing a medical malpractice lawsuit in the state's civil court system is two years, beginning on the date of the injury. There may be exceptions but you do not want to take the risk, act now.
If you or a loved was injured due to hospital negligence, it’s important that you have a skilled and experienced Missouri medical malpractice attorney on your side. Contact James Krupp or Ryan Krupp of The Krupp Law Firm immediately at (314) 835-9999