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Medical Malpractice

What Is a “Failure to Train” Cause of Action with Respect to Medical Malpractice?

April 14, 2014

Medical malpractice can arise in a number of situations. For instance, it can arise when a doctor fails to make a proper diagnosis or it might occur when a surgeon inadvertently leaves a surgical device inside a patient. Medical malpractice can be committed by doctors, hospitals, nursing homes, and other health care providers if they fail to treat patients with the appropriate standard of care.

Moreover, medical malpractice and nursing home negligence can also occur when the hospital or nursing home fails to properly train its employees, including nurses or other employees. If a patient is injured as a result of medical negligence or inadequate medical training, the patient may have a cause of action against the hospital or health care provider that was responsible for providing the training or overseeing the medical staff.

What Does a Patient Need to Prove in a “Failure to Train” Case?

In any medical malpractice lawsuit, the plaintiff must prove the following: (1) he or she was owed a legal duty of care; (2) the defendant failed to adhere to that duty of care; and (3) the defendant’s departure from the standard of care caused the plaintiff to sustain injuries or damages. Accordingly, the plaintiff will need to show that the defendant had a duty of care to the patient that included a duty to properly train its employees, that the defendant breached this duty by failing to properly train or supervise its employees, and that this breach caused the patient to suffer injuries.

For instance, bed sores are one of the most common signs of nursing home negligence. In fact, one in 10 nursing home residents suffers from a bed sore, according to the Centers for Disease Control & Prevention, and nursing home residents are especially at risk for bed sores due to the amount of time that they may spend confined to a bed or wheelchair. If a nursing home fails to properly train its nurses and other employees to how to prevent bed sores in residents through frequent position changes, supportive devices, and routine skin inspections, the nursing home could be liable for any injuries caused by bed sores.

Similarly, if a patient is injured by a medical device, a hospital or medical device manufacturer could be held liable if it failed to provide proper training on how to use the medical device.

Contact a Medical Malpractice Lawyer

At Cogan & Power, P.C., we focus on representing clients in medical malpractice cases throughout Illinois. If you or a loved one has been the victim of nursing home negligence or medical malpractice, contact our office at (312) 477-2500 to schedule a free consultation to discuss a possible medical malpractice claim. If you cannot come to our offices in downtown Chicago, we will come to you.  And because we take cases on a contingency basis, you will not pay any fee unless we get you compensation.

If you have been injured in a personal injury or medical malpractice accident, do not hesitate to contact the Chicago accident and injury law firm of Cogan & Power at (312) 477-2500 to schedule a free case consultation, so that we can help you begin the process of recovery as soon as possible. If you cannot come to our offices in downtown Chicago, we will come to you. And because we take cases on a contingency basis, you will not pay any fee unless we get you compensation.