When you or a loved one are harmed by a medical mistake, it feels like a deep betrayal. You trusted a hospital and its staff to care for you. Now, you are left with injuries, questions, and a growing sense of injustice. To make matters worse, when you try to get answers, you often hit a wall. The hospital denies anything went wrong.
This experience is confusing and painful. Why would a hospital deny negligence when the harm seems so clear? Understanding their reasons is the first step toward fighting for your rights. This guide will explain why hospitals deny these claims and what you can do about it.
The Reasons Behind the Denial
Hospitals are businesses. When medical negligence occurs, they face significant risks. Their reasons for denying a claim are often complex and strategic.
1. Protecting Their Reputation
A hospital’s reputation is one of its most valuable assets. News of medical errors can scare away potential patients and damage the trust of the community. A single high-profile malpractice case can lead to a public relations crisis. To avoid this, hospitals often adopt a strategy of denying all claims, hoping the issue will quietly disappear. They want to control the story and present an image of safety and competence.
2. Financial Concerns and Insurance Companies
Medical malpractice claims can be incredibly expensive. A settlement or verdict can cost millions of dollars. Hospitals have large insurance policies to cover these costs, but their insurance companies are powerful players. These insurers pressure hospitals to fight claims to avoid paying out large sums. Admitting fault could also lead to higher insurance premiums for years to come. It often comes down to a financial decision: fighting a claim, even a valid one, may seem cheaper than admitting responsibility.
3. Fear of More Lawsuits
Hospitals worry about a “domino effect.” If they admit fault in one case, they fear it will encourage other patients to come forward with their own claims. This could open the floodgates to numerous lawsuits, costing them even more money and further damaging their reputation. By taking a hard-line stance of denial, they send a message that they will not settle easily, which can discourage others from pursuing a case.
4. The Complexity of Medical Care
Sometimes, it’s genuinely difficult to prove what went wrong. A patient’s poor outcome could be due to the natural course of their illness rather than a mistake by a doctor or nurse. Hospital lawyers will use this complexity to their advantage. They might argue that the injury was an unavoidable complication or that the medical team did everything they could. They have teams of experts ready to defend the care provided, making it very difficult for a patient to challenge them alone.
What Happens When a Hospital Denies Your Claim?
When a hospital denies a medical negligence claim, it doesn’t mean your case is over. It simply means the fight has just begun. They are challenging you to prove your case. This is where having a skilled legal team becomes essential.
The hospital and their insurance company will likely:
- Refuse to provide you with complete medical records.
- Blame your injury on a pre-existing condition.
- Claim your injury was a known and accepted risk of the procedure.
- Dispute the severity of your harm or the cost of your future medical needs.
This is a deliberate strategy to wear you down. They hope you will become overwhelmed, frustrated, and give up. They don’t want you to find one of the top medical malpractice lawyers in Philadelphia or your local area who knows how to fight back.
What You Can Do: Taking Action
Feeling powerless is normal, but you have options. Taking the right steps can protect your rights and help you secure the compensation you deserve for your suffering, medical bills, and lost wages.
Step 1: Document Everything
Keep a detailed record of everything related to your medical care. This includes:
- Names of doctors, nurses, and other staff involved.
- Dates of appointments, procedures, and hospital stays.
- A timeline of events, including when you first noticed something was wrong.
- All medications you were prescribed.
- Photos of your injuries.
- Any bills or expenses you have incurred as a result of the injury.
Step 2: Request Your Medical Records
You have a legal right to a copy of your medical records. Formally request them from the hospital and any other clinics or doctors you have seen. Be persistent. Hospitals sometimes delay releasing records, but a formal written request is the first step. These records are critical evidence in a medical malpractice case.
Step 3: Do Not Talk to the Hospital’s Insurer
The hospital’s insurance adjuster may call you. They might seem friendly and concerned, but their job is to protect the hospital’s financial interests. They may try to get you to make a recorded statement that could be used against you or offer a quick, lowball settlement. It is best to decline to speak with them until you have consulted with a lawyer.
Step 4: Find an Experienced Medical Malpractice Lawyer
This is the most important step you can take. Proving medical negligence requires specific legal and medical expertise. You need a lawyer who specializes in this complex area of law. A dedicated attorney will know how to navigate the system and stand up to large hospitals and their insurance companies.
Whether you need Philadelphia lawyers for medical malpractice or are searching for Allentown medical malpractice lawyers, finding the right firm is key. An experienced lawyer will:
- Evaluate your case for free to determine if you have a valid claim.
- Gather all necessary evidence, including your medical records.
- Hire medical experts to review your case and testify on your behalf.
- Handle all communications with the hospital and their insurance company.
- Build a powerful case to prove that negligence occurred and caused your injuries.
- Fight for a fair settlement or take your case to trial if necessary.
Many people worry about the cost of hiring a lawyer. Most reputable medical malpractice lawyers in Harrisburg PA and across the state work on a contingency fee basis. This means you pay no fees unless they win your case.
Common Types of Medical Malpractice
Medical negligence can happen in many ways. Understanding some of the common types can help you identify if you may have a case.
| Type of Malpractice | Description |
|---|---|
| Misdiagnosis or Delayed Diagnosis | A doctor fails to diagnose a serious condition like cancer or heart disease correctly, or diagnoses it too late for effective treatment. |
| Surgical Errors | Mistakes made during surgery, such as operating on the wrong body part, leaving a surgical instrument inside the patient, or causing nerve damage. |
| Birth Injuries | Negligence during labor and delivery that causes harm to the baby or mother, such as cerebral palsy or Erb’s palsy. |
| Medication Errors | Prescribing the wrong medication, administering the wrong dose, or failing to check for harmful drug interactions. |
| Anesthesia Errors | Giving too much or too little anesthesia, or failing to monitor the patient’s vital signs properly during surgery. |
If you or a loved one experienced any of these situations, it is crucial to speak with medical malpractice lawyers in Scranton or your city to understand your legal options.
Frequently Asked Questions (FAQ)
Q: How long do I have to file a medical malpractice lawsuit in Pennsylvania?
A: In Pennsylvania, you generally have two years from the date you knew or reasonably should have known that you were injured by medical negligence. This is called the statute of limitations. There are some exceptions, so it is vital to contact a lawyer as soon as possible.
Q: What do I need to prove in a medical malpractice case?
A: You must prove four things: 1) there was a doctor-patient relationship, creating a duty of care; 2) the healthcare provider breached that duty by acting negligently; 3) the negligence directly caused your injury; and 4) you suffered damages (e.g., medical bills, pain, lost income) as a result.
Q: I signed a consent form. Does that mean I can’t sue?
A: Not necessarily. A consent form acknowledges that you are aware of the known risks of a procedure. It does not give a doctor permission to be negligent. If your injury was caused by a mistake that falls below the accepted standard of care, you may still have a case.
Q: Will I have to go to court?
A: Most medical malpractice cases are settled out of court. Experienced Pittsburgh PA medical malpractice lawyers will prepare your case as if it is going to trial, which puts you in the strongest position to negotiate a fair settlement. If the insurance company refuses to offer a fair amount, your lawyer will be ready to fight for you in front of a jury.
Don’t Let a Denial Discourage You
Hospitals and their insurers count on you feeling intimidated and giving up. They have powerful legal teams on their side. You should too.
If you believe you have been a victim of medical negligence, do not accept a hospital’s denial at face value. Seek a second opinion—from a legal expert. The right medical malpractice lawyers in Philadelphia PA can level the playing field and fight for the justice and compensation you and your family deserve.
Your health and well-being are what matter most. Taking action can help you get the resources you need to heal and move forward. Contact our team today for a free, no-obligation consultation to discuss your case. We are here to help you understand your rights and explore your options.
Disclaimer: This blog post is for informational and educational purposes only. It is not intended to be legal advice. The information provided does not create an attorney-client relationship. Every case is different, and you should consult with a qualified attorney for advice regarding your individual situation.