Q: My father died last year from what I believe were multiple medical mistakes .Are hospitals hard to sue

A: I'm sorry for the loss of your father. The short answer to your question is, yes, hospitals can be hard to sue. New York (and other jurisdictions) generally require certificates of merit, where a law firm consults with a physician who believes the case has merit. There are qualifiers to this rule, which is in place to deter frivolous cases. Additionally, expert medical testimony can be costly for a law firm prosecuting a case on a contingency basis, where it could go on for years. The best way to answer your other question about whether you have a winnable case is to reach out to med mal firms to try to arrange a free initial consult. If after a preliminary consult they feel you may have the basis for a case, they could retrieve the records and review with medical professionals. Good luck

A: First, I am very sorry for your loss. And from what you describe it sounds as though this was a very protracted course.

The direct answer to your question is "no" as in hospitals are not difficult to sue, per se (if the case is brought by an experienced medical mapractice attorney). The issues for suing a hospital are very similar to those of suing and individual physician, although a hospital may be liable for "system" "policy" or "team" failures in ways that don't apply to individuals. Also, typically, the non-Attending medical providers such as nurses, residents, therapists, etc will also typically generate liability for the hospital (don't always have to be sued individually, as the hospital is generally responsible for them).

I would say that you should try to distinguish in your own mind between those things that you believe, medically, set the train in motion as far as your father's ultimate outcome. The dirty sheets, overall neglect etc, while terrible to witness (or experience) is often the type of "noise" that has to be put in perspective to get a real handle on case merits.

I am also struck by the fact of advanced abdominal cancer. If this was ultimately the cause of death, then in my opinion perhaps the most fruitful course of investigation would be whether there was an overall delay in diagnosis, looking back to care a year or more prior to the hospitalization. So I would recommend seeking experienced advice, with some of these distinctions in mind. I hope this is helpful to you. Best regards, Larry Deutsch

A: I'm so sorry for your loss. As my colleague correctly advised, hospitals are not hard to sue (at least no more difficult than suing a doctor). In any malpractice case, however, you have to demonstrate a departure from the standard of care and harm resulting from the departure. The only way to determine whether there was malpractice on the part of the hospital and its staff which resulted in the wrongful death of your father is to obtain copies of his medical / hospital records and consult with an experienced malpractice attorney who can arrange to have them reviewed by a qualified expert. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.