Hospital Negligence


A doctor hands typing on a laptop while reviewing a patient’s hospital file

Being admitted to a hospital is an unsettling experience, however, patients expect to receive adequate care and get well. When hospital employees make errors, however, patients can sustain serious injuries, particularly in hospitals that are not adequately staffed, or if hospital employees are not properly trained. In fact, a 2016 study by Johns Hopkins University reported  that medical error is the third-leading cause of death in the U.S. It is possible to bring a lawsuit against a hospital that fails to provide a patient with an appropriate standard of care.

At Scaffidi & Associates, our medical malpractice attorneys have extensive experience handling hospital negligence cases throughout the New York City area, including the boroughs of Manhattan, Queens, Brooklyn, The Bronx, and Staten Island, as well as throughout Long Island, Westchester, Rockland, and Orange Counties. Although hospitals have teams of powerful attorneys at their disposal and attempt to deny any liability or settle claims for as little money as possible, our hospital negligence lawyers leverage our legal knowledge and skill to level the playing field and help our clients obtain the compensation they deserve. 

If you or a loved one suffered an injury due to hospital or emergency room negligence and you’re looking for the best lawyers for hospital negligence in greater New York, give our hospital negligence attorneys a call immediately to schedule a consultation. 


Hospitals have a duty to provide patients with an appropriate standard of care, and negligence occurs when this duty has been breached, and that breach causes injury or harm to a patient. Serious cases of hospital negligence often involve permanent injuries or fatalities. Common forms of hospital negligence include:

Because hospitals employ medical staff such as doctors, nurses, physicians’ assistants, and other medical professionals, a hospital can also be held legally responsible if a staff member’s negligence caused an injury to a patient. Also, a hospital that fails to conduct reasonable background checks when hiring staff members may be held liable for negligent retention or supervision. Additionally, a hospital may be liable for negligent supervision if a patient’s injuries resulted from an employee’s failure to follow the directions of a patient’s physician.

Hospitals also have a duty to ensure that the facility is adequately staffed at all times, and at Scaffidi & Associates, our experienced hospital injury lawyers can help hold hospitals liable for patient injuries that arise from negligence or inadequate staffing. Contact our hospital negligence attorneys today for more information. 


Secondary liability is another word for vicarious liability, a legal doctrine that holds an employer responsible for the negligence of its employees and agents. Vicarious liability applies in cases of hospital negligence when hospital staff members, employees, or agents fail to meet the appropriate standard of care. In these cases, a hospital may be deemed responsible for their actions or omissions.

Because residents, nurses, medical technicians, and support staff are typically hospital employees, the hospital can be sued when they injure a patient, provided that they were performing a job-related function when the injury occurred. If a hospital staff member provides a patient with the wrong medication and causes the patient harm, for example, the hospital may be held liable.

It is worth noting that a hospital’s liability is limited to employed medical staff, which generally excludes independent contractors. In this regard, if an attending or non-employee physician makes a mistake and injures a patient while working in the hospital, it may not be possible to file a lawsuit against the hospital because attendings or non-employee physicians are often independent contractors. An exception to this rule may occur if the patient entered the hospital through the emergency room, or if the hospital assigned that physician to care for the patient. In this situation, our hospital negligence lawyers can file a malpractice claim against the appropriate parties, whether that be the hospital or the independent physicians. At times, a doctor may also be held liable when a hospital employee causes an injury while under a doctor’s supervision.

A doctor may also be considered an employee if: (1) the hospital controls the doctor’s schedule, and (2) the hospital determines the fees that the doctor can charge. Under these circumstances, a hospital can be held liable for a doctor’s negligence. In any event, pursuing a hospital negligence claim requires the skills of a knowledgeable hospital injury lawyer.


The dedicated patient advocates at Scaffidi & Associates have a proven track record of pursuing claims against private and public hospitals. By conducting extensive investigations, obtaining and reviewing medical records, identifying and interviewing witnesses, and collaborating with medical experts, our hospital negligence attorneys work diligently to show how the hospital or its employees and staff were negligent.

Here are some notable examples of settlements we’ve won on behalf of clients in hospital negligence cases throughout the New York City area:

  • We helped the family of a Queens County newborn achieve a $45,000,000 verdict after the baby suffered neurological injuries due to a hospital’s failure to perform a cesarean section for fetal distress.
  • We also won a $9,027,000 settlement for the family of an infant in Bronx County who contracted meningitis. The pediatrician and hospital staff failed to properly diagnose and treat the child’s condition.

We believe that people have a right to receive proper care in hospitals, and as some of the best lawyers for hospital negligence in our area, we provide our clients with aggressive legal representation. If you or a loved one has been injured because a hospital failed to provide the appropriate standard of care, you may be able to recover damages such as lost wages, past and future medical expenses, pain and suffering, and other losses. Call our office today for a free consultation or complete the contact form on our website.


We encourage you to take the time to explore this website as the information provided here will answer many of your questions. We believe that an educated client is our best client. We are also readily available to discuss your case in confidence, whether it’s a matter involving personal injury, medical malpractice, real estate, or other legal challenges. Regardless of the issue you are facing, we are uniquely qualified to provide you with exceptional legal representation and personal service. Call our office or complete the contact form on our website to set up a consultation.