Craig D. Rosenbaum | August 27, 2026 | Negligence
If you were harmed because of negligent medical care at a hospital, you may be able to sue the hospital, the healthcare providers involved, or both. However, a poor medical outcome alone does not establish negligence. You generally must show that the care fell below the applicable medical standard of care and caused you harm.
Hospital negligence cases can be complicated because hospitals employ many different healthcare professionals, while other providers may work as independent contractors. Identifying exactly what went wrong and who is legally responsible is an important part of pursuing compensation.
When Can I Sue a Hospital for Medical Negligence?
A hospital may be legally responsible when its own negligence or the negligence of one of its employees causes a patient’s injuries. Under the doctrine known as respondeat superior, employers can generally be held responsible for negligent acts committed by employees within the scope of their employment.
Examples of hospital negligence may include:
- Medication errors
- Surgical mistakes
- Failure to properly monitor a patient
- Infections caused by inadequate sanitation practices
- Failure to follow up on abnormal test results
- Inadequate staffing or supervision
- Negligent hiring or retention of healthcare providers
- Failure to maintain safe medical equipment
- Delayed diagnosis or treatment
Whether the hospital itself can be sued will depend on the circumstances and the relationship between the hospital and the provider who caused the injury.
Is a Hospital Responsible for a Doctor’s Negligence?
Not always. Many physicians who practice at hospitals are independent contractors rather than hospital employees. Generally, a hospital is more likely to be held vicariously responsible when the negligent healthcare professional is its employee.
However, independent contractor status does not automatically protect a hospital from every claim. Depending on applicable state law and the circumstances, a hospital could potentially face liability for its own negligence, such as negligently granting privileges to an incompetent physician or failing to take appropriate action against a provider known to present a danger to patients.
Determining employment relationships and identifying every potentially responsible party are therefore important parts of investigating a hospital negligence case.
What Do I Have to Prove in a Hospital Negligence Lawsuit?
Medical negligence claims generally require proof of four basic elements: duty, breach, causation, and damages.
You generally must establish that:
- The hospital or provider owed you a duty of care. This typically arises when you are accepted as a patient.
- The applicable standard of care was breached. The treatment you received failed to meet the level of care required under the circumstances.
- The breach caused your injury. There must be a connection between the negligent care and the harm you experienced.
- You suffered damages. Your injury resulted in losses for which the law permits compensation.
Medical expert testimony is often critical for establishing the appropriate standard of care and showing how the defendant failed to meet it.
What Compensation Can I Recover?
If you successfully pursue a medical negligence case, you may be entitled to compensation for the losses resulting from your injury. Depending on state law and the facts of your case, recoverable damages may include:
- Additional medical expenses
- Future medical treatment
- Rehabilitation expenses
- Lost wages
- Reduced future earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
If medical negligence results in a patient’s death, eligible surviving family members or the patient’s estate may also have the right to pursue a wrongful death or survival claim.
How Do I Start a Lawsuit Against a Hospital?
The process typically begins with an investigation into your medical treatment. Medical records, test results, imaging, medication records, hospital policies, and other evidence may help determine what happened.
Medical malpractice cases are largely governed by state law, so the exact requirements vary considerably. Some states require a medical expert to review the case or provide an affidavit or similar certification before or when a lawsuit is filed.
Once the necessary requirements have been satisfied, a complaint can be filed against the appropriate defendants. The parties then generally proceed through discovery, which may include exchanging documents, answering written questions, and taking depositions. The case may eventually be resolved through a settlement or proceed to trial.
Contact a New York City Personal Injury Lawyer at Rosenbaum Meier Personal Injury Lawyers for a Free Consultation
If you were injured because of someone else’s negligence in New York City, you may have the right to pursue compensation for your losses. Rosenbaum Meier Personal Injury Lawyers can review your case, explain your legal options, and help you determine your next steps.
For more information, please contact Rosenbaum Meier Personal Injury Lawyers to schedule a free consultation with an experienced New York City personal injury lawyer. We have three convenient locations around Manhattan, NY, near you in New York City, The Bronx, and Brooklyn.
Rosenbaum Meier Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor, New York, NY 10005
(212) 514-5007
Rosenbaum Meier Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b, Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Meier Personal Injury Lawyers – Brooklyn Office
32 Court St #704, Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332
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