You enter a hospital confident that you’ll receive professional and compassionate care. You expect you’ll improve as your doctor has your best interest at heart.
Everyone has a strong belief in our medical professionals and institutions. A recent study showed that doctors are one of the most trusted professions in the world.
Medical personnel are only human though. They can and will make mistakes. And when that happens, it’s devastating to the victim and their families. There are cases where hospital negligence or intentional misconduct resulted in psychological harm. The patient is often left grappling with trauma, anxiety, or depression.
The emotional distress caused by hospital neglect is as debilitating as physical injuries. Legal proceedings don’t always address this though, which is disheartening. The good news is victims can file a lawsuit and fight back.
Can you sue a hospital for emotional distress? It’s hard but yes, you have the right to do so. Hospital negligence cases aren’t always straightforward though. Most need a keen understanding of legal standards and strong evidence. You’ll also need a good hospital negligence lawyer. They can traverse the complexities of emotional distress in a medical context.
There are many challenges when suing for patient neglect in hospitals. This post will give an overview of these obstacles and how to handle them.
Proving You Suffered Emotional Distress
The challenge with emotional distress is it’s subjective. This makes it hard to quantify and prove. It’s easy to document physical injuries caused by a vehicle accident. Psychological harm doesn’t always leave tangible proof. Courts need convincing proof that the distress was the result of hospital negligence.
You can provide proof through your medical records and psychological evaluations. An expert testimony from mental health professionals also goes a long way.
Showing a Direct Link Between Hospital Negligence and Emotional Distress
The burden of proof in an emotional distress case lies on the plaintiff. You must show the connection between your distress and the hospital’s neglect. Let’s say you claim emotional distress after experiencing a surgical error. The courts won’t take your claim as is. They’ll scrutinize whether the hospital caused this emotional toll. They’ll check if there are external factors in play.
The hospital’s lawyer might argue your emotional distress comes from an existing condition. You’ll need a good hospital injury lawyer who can counter these claims. They’ll show compelling evidence that highlights the hospital’s actions as the culprit.
Meeting Legal Standards and Medical Malpractice Laws
Emotional distress lawsuits are also challenging because legal standards differ per jurisdiction. Some states have an “impact rule.” They’ll ask that you show physical harm led to emotional suffering. Other states have a “zone of danger” rule. It limits emotional distress claims to patients in immediate danger of physical harm.
Another challenge you’ll face is the overlap with medical malpractice claims. The laws governing medical malpractice can complicate your case. These lawsuits follow stringent requirements. There are pre-lawsuit requirements the plaintiff must submit. Malpractice cases also have a statute of limitations.
Many states placed limits on damages for pain and suffering. This can restrict the compensation you can receive for emotional distress. A hospital negligence attorney knows how to navigate all these legal challenges.
Securing Expert Testimonies
Testimonies from experts are vital in emotional distress cases. They establish the seriousness of the psychological harm. It also connects it to hospital neglect. Mental health professionals can testify about your diagnosis, treatment, and prognosis.
The challenge is securing these expert witnesses. Finding one to testify on your behalf is often expensive and time-consuming. Lawyer for hospitals can also bring in their experts to challenge your claims. This can lead to varying interpretations that the jury might find confusing. You must ensure you have qualified witnesses who can give compelling presentations.
Suing a hospital for emotional distress is challenging. You’ll face many obstacles, like proving your claims. You also need to meet the complex legal requirements. A thorough preparation and strong evidence will help you overcome these challenges. You also need an experienced hospital negligence lawyer to represent your interest.
Fighting the Good Fight
Emotional distress claims are some of the most challenging cases. The expertise of Warner and Warner will help see you through. We are one of Florida’s most successful trial law firms. Our company represents people fighting against medical malpractice, pharmacy malpractice, and personal injury. We also specialize in nursing home neglect cases, wrongful death, and defective products. Say what you need here or call (321) 341-6887.