What is Considered Hospital Negligence

Posted on June 5, 2025 writen by Jane Paulson in Medical Malpractice

What is considered hospital negligence? It refers to situations where a hospital or its staff fail to provide the accepted standard of care, harming a patient. This can happen through improper actions or, in many cases, inaction—like delaying treatment or failing to monitor a patient. In Portland, Oregon, medical malpractice laws recognize hospital negligence as a valid legal claim when certain conditions are met. At Paulson Coletti, our experienced Portland medical malpractice lawyers help individuals and families seek justice when hospitals breach their duty of care.

Speak to a Portland Medical Malpractice Lawyer for Assistance Today

Contact us today Call Us (503) 226-6361

What is Hospital Negligence

Hospital negligence occurs when a healthcare facility or its employees fail to meet the standard of care expected in a medical setting. That failure causes injury or harm to a patient. This may involve administrative mistakes, improper patient care, or staffing problems. Hospitals must maintain systems that ensure safe, competent, and timely medical treatment; when they fall short, whether due to inadequate training, insufficient staff, or negligence in hiring, it can have serious consequences for patients and their families.

The Oregon State Bar defines medical negligence as a failure to use the care and diligence that an ordinarily careful physician would under similar circumstances.

Common Examples of Hospital Negligence

Hospital negligence can take many forms. Some of the most common include:

• Failure to monitor: A patient’s vital signs are ignored or improperly recorded.
• Medication errors: Administering the wrong drug or incorrect dosage.
• Surgical mistakes: Operations performed on the wrong site or patient.
• Infections: Unsanitary conditions or failure to follow proper protocols.
• Poor record-keeping: Missing or incomplete medical records that lead to treatment errors.
• Inadequate staffing: Too few nurses or doctors leading to rushed or missed care.

Each of these scenarios can result in long-term health issues, financial stress, or even death. Recognizing these warning signs is often the first step in protecting your rights.

Who Can Be Held Liable in a Hospital Negligence Case?

Both individuals and the hospital can be held responsible in a negligence claim. Liability might fall on:

• Doctors and nurses (if employed by the hospital).
• Technicians or administrative staff.
• The hospital is an institution, especially for systemic issues or negligent hiring.

In Oregon, determining who is legally accountable often depends on whether the hospital employs the healthcare provider or works as an independent contractor. Hospitals may also be liable if they fail to verify credentials, provide adequate training, or staff appropriately.

How Hospital Negligence Harms Patients

When hospitals don’t follow proper procedures, the results can be devastating. Patients might suffer:

• Delayed diagnosis or misdiagnosis.
• Worsening of treatable conditions.
• Preventable infections or complications.
• Emotional and psychological trauma.
• Increased medical bills and longer recovery times.

The harm extends beyond physical injuries. Families may face financial loss, emotional stress, and a deep mistrust of medical institutions after experiencing such failures.

Proving Hospital Negligence in Oregon

To prove hospital negligence under Oregon law, four elements must be demonstrated:

1. Duty of care: The hospital was legally obligated to provide medical care.
2. Breach: That duty was violated through action or inaction.
3. Causation: The breach directly caused the patient’s injury.
4. Damages: The patient suffered harm that can be quantified (medical bills, pain, loss of income).

Medical malpractice claims in Oregon often require professional testimony. A qualified healthcare provider may need to confirm that the care in question fell short of community standards outlined by the Oregon State Bar.

Depending on the details, the process may also involve gathering hospital records, internal communications, or reviewing state licensing violations. While no case is exactly alike, building a strong claim means showing that this wasn’t just an unfortunate outcome—it was avoidable.

Time Limits to File a Claim in Portland

Oregon imposes strict deadlines for filing hospital negligence claims. According to ORS 12.110, claims must generally be filed within two years of the injury or the date it reasonably should have been discovered.

There are some exceptions, such as for minors or cases involving fraud, but failing to act within this period could result in losing your right to pursue compensation. That’s why timely legal guidance is crucial.

When to Contact a Portland Medical Malpractice Attorney

Hospital negligence cases are complex. Medical records must be reviewed, timelines confirmed, and legal arguments built to show that your care fell below Oregon’s legal standards. 

At Paulson Coletti, we know the Portland medical and legal systems inside and out. We’re here to help patients and families pursue the justice they deserve when a hospital’s failure causes harm. Reach out to a Portland medical malpractice attorney today to discuss your situation.