How to Sue a Hospital

Friday, June 13, 2025

How to Sue a Hospital

Written by Malman Law, reviewed by Steve J. Malman.

When you go to the hospital, you are in dire need of medical attention. The hospital should provide adequate attention to your ailments so you can leave in better shape than you entered. However, sometimes negligence occurs, and you or a loved one are in a worse position than before. There are three primary reasons you can sue a hospital: medical malpractice, medical negligence, and wrongful death. Each circumstance has individual factors that dictate the recovery process.

Reasons to Sue a Hospital

Hospital negligence is sadly commonplace. Patients can suffer injuries or complications for various reasons. You should get justice when hospital staff do not do their job. You could be suffering long-term consequences because of their actions. Hospitals are responsible for their employees’ actions. This includes nurses, EMTs, physicians, physician assistants, pharmacists, and other staff. An error can occur in many ways with many people handling your case. Many claims arise from the following situations:

• Surgical errors: you could be in the hospital for a scheduled or emergency surgery. In either case, everyone in the operating room should ensure you are safe. Some surgical errors could arise from operating on the wrong body part or leaving items inside the patient. There are processes to circumvent these errors, and it is negligent if they are not followed.
• Diagnostic errors may include a delayed diagnosis, failure to diagnose, or misdiagnosis. These are considered medical malpractice. A doctor failing to provide a timely and accurate diagnosis can worsen your condition or result in unnecessary medical treatment.
• Medication errors: hospitals, nurses, doctors, and other staff can administer medication to help manage pain or your condition. These medications can be part of your treatment plan. If there is an error, it can result in tragedy. Staff may administer the wrong medication, underdose, or overdose, resulting in a medication error. Sometimes, they will fail to consider the interactions medications have with each other and other medications the person could be taking. Patients can lose their lives from these errors.
• Triage errors: the emergency room can become chaotic, and errors can happen. Staff must ensure they prioritize patients who need immediate care. Another standard triage error is refusing to treat patients because of their current or perceived financial abilities.
• Medical treatment errors: a treatment plan will be constructed for patients. Medical staff making errors can lead to long-term or permanent consequences. Common treatment errors are failing to properly monitor patients or improperly setting a bone. Some errors could have remedies, while others may not. There could be fatal consequences for these errors.
• Record-keeping errors: hospital staff must document everything they do to you. They should also get an accurate medical history. If they make a record-keeping error, they may fail to identify an allergy or administer incorrect treatment. They could even treat the wrong patient. Records are essential to a hospital stay. They are also crucial for any legal claims you are making.

The hospital and its staff are responsible for numerous tasks when a patient is under their care. Other reasons you may sue a hospital include:

• Negligent hiring: failure to complete background checks or review work history before employing and maintaining employees after they exhibit a history of dangerous patient treatment.
• Discrimination: refusing patient treatment based on sexual orientation, national origin, or race.
• Negligent training: not providing employees with sanitation, safety, and other relevant practices.
• Dangerous or negligent practices: reusing tools without cleaning them, creating hazardous conditions like wet floors, and failing to sanitize equipment.

You could sue a hospital for medical malpractice or negligence when their staff does not do what they are supposed to and causes you harm. No two cases are the same, and you must address your circumstances, even if they are not among the most common errors.

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Common Types of Hospital Lawsuit Cases:

Hospitals are expected to provide a certain standard of care. When they don’t, patients can suffer devastating outcomes. Here are some of the more common situations we see:

Misdiagnosis

An incorrectly identified condition can lead to unnecessary procedures, delayed care, or permanent damage. OAS says these diagnostic failures are among the top reasons patients pursue legal action.

Delayed Treatment

In an emergency, every minute can make the difference between a full recovery and a long-term injury. If hospital staff hesitate, miss key symptoms, or delay necessary tests or treatment, the outcome can quickly turn tragic. Whether it’s waiting too long for imaging, surgery, or medication, those delays carry serious weight.

Surgical Errors

What happens in the operating room should be precise and carefully controlled. But sometimes, it’s not. From operating on the wrong body part to leaving instruments behind, surgical mistakes can have devastating effects. 

Medication Errors

Being given the wrong drug or dosage isn’t just a mix-up—it can be deadly. A misread chart, a communication breakdown, or confusion between medications can trigger harmful reactions or leave a condition untreated. These mistakes are avoidable, and when they happen, they carry serious consequences.

Infections

Hospitals should be places of healing, not where you pick up a new illness. Patients are at risk when cleanliness is overlooked—unclean equipment, poorly sanitized rooms, or lax handwashing protocols. Hospital-acquired infections often lead to more extended stays, extra procedures, and more pain than anyone signed up for.

Falls

Some patients are vulnerable, especially the elderly or those who have undergone surgery. Hospitals know this and are expected to have fall-prevention measures in place. If a patient falls because no one responded to a call button, bed rails weren’t used, or assistance wasn’t offered, that’s a failure of care, plain and simple.

Childbirth Injuries

Labor and delivery should be carefully managed. If poor decisions or a lack of attention during childbirth result in injuries to the baby or mother, the hospital may be at fault.

Wrongful Death

Losing a loved one is always painful. But when that loss is preventable and caused by medical carelessness, it’s even harder to bear. Families in this position deserve answers and accountability.

Examples of High-Profile Cases

Brain Damage

$6 Million Infant Brain Injury Settlement: In one of the most heartbreaking cases we’ve handled, a 4-month-old baby girl was taken to the hospital showing signs of irritability and fever. Doctors failed to diagnose her with bacterial meningitis and sent her home without treatment. Within 12 hours, she suffered irreversible brain damage and was later diagnosed with cerebral palsy. 

We fought for her family and secured a $6 million settlement, providing the resources needed for lifelong care and holding the hospital accountable for its failure to act.

Wrongful Death: 

$975,000 Nursing Home Medication Error Settlement: In another medical malpractice case we handled, an 80-year-old nursing home resident was given the wrong medication dosage for 10 days. The mistake went unnoticed by the staff despite clear signs of distress, causing serious harm. 

We helped the client and their family secure a $975,000 settlement—accountability that brought closure and financial relief in a deeply upsetting situation.

Permanent Injuries:

$5 Million Medical Malpractice Settlement: In one of our cases, we represented the mother of a young boy who experienced arm mobility issues. Despite multiple visits, his physician delayed ordering an MRI for nearly a year. When the scan was finally done, it revealed a ganglioglioma tumor. The delay in diagnosis tragically led to the boy’s paralysis and, eventually, his death. 

We secured a $5 million settlement on behalf of his mother—an outcome that brought accountability, even if it couldn’t undo the loss.

Steps for Suing a Hospital in the U.S.

Consult with a Medical Malpractice Lawyer:

If you’re considering legal action, the first move is to sit down with a malpractice attorney. We’ll help you determine if your situation qualifies as malpractice. Not everything that goes wrong in a hospital is grounds for a lawsuit—but if it is, we’ll walk you through what happens next.

Gather Evidence:

The strength of your case depends heavily on the proof. You’ll need things like medical records, bills, photos, expert opinions, and even statements from witnesses. Our team helps collect and organize all of this so that you have a solid case.

Determine the Applicable Statute of Limitations:

According to Illinois law, most medical malpractice lawsuits must be filed within two years of discovering the injury. However, some exceptions can affect the deadline depending on the case details.

File a Complaint:

This formal legal document spells out your side of the story. It includes who you’re suing, what happened, and what kind of compensation you seek. It also starts the legal process.

Negotiate and/or Litigate:

Once we file your complaint, the hospital may try to settle early. We’ll review their offer with you and assess whether it reflects what you’ve been through.

Winning a Hospital Lawsuit

Plaintiffs must prove various elements to successfully win a lawsuit against a hospital. The primary things you must prove are causation and fault. Plaintiffs should show the hospital failed in their duty to provide care and it caused injuries or losses. You can increase your chances and build a strong case with the following:

• Medical records: this is critical evidence in your injury claim. The hospital staff will document everything they did and did not do while you were under their care. We can identify any errors in record keeping, administering medication, etc. Plaintiffs can request these records when they leave the hospital or have a medical malpractice lawyer do it for them.
• Evidence of loss: you must prove that the hospital’s negligence resulted in damages. They can be liable to pay, but you should have evidence regarding what they owe you. Calculating your current and future losses will be critical in these circumstances.
• Expert opinions: after gathering your medical documents, a medical expert can review them. They can assess whether the hospital and doctors breached their duty of care. Expert witnesses can also testify about your condition and provide reports.

Factors Determining Success in a Hospital Lawsuit:

Proving Negligence: We need to show that the care you received wasn’t just below average, it missed the mark. That comparison is key to building a strong case.

Gathering Evidence: Solid evidence backs up your story. We help gather records, notes, bills, and anything else that paints the whole picture.

Expert Testimony: A medical professional explains where the care went wrong. Their insights help translate complex issues to the courtroom.

Duty of Care: We show the hospital was responsible for treating you when things went wrong.

Breach of Duty: Then we prove they didn’t meet their supposed standards.

Causation: Next, we connect their mistake to the harm you experienced.

Damages: Finally, we lay out what it costs you, financially, physically, and emotionally.

Ready to Discuss Your Hospital Malpractice Case?

If you’re in Chicago and believe a hospital’s negligence caused harm, you don’t have to go through it alone. At Malman Law, we’re here to listen, fight for accountability, and help you move forward with confidence and support. We’ll take the time to understand your story and work toward the justice you seek. Call us today at 1-888-625-6265.