A hospital could be held liable for any negligence committed by its employees. The hospital, however, will not always be held responsible for any medical malpractice that could occur in the patient’s treatment. The following article will highlight some of the most common scenarios where doctors, employees, anesthesiologists, or other health care providers could hold a hospital facility responsible for medical malpractices that are committed.
Taking Responsibility for Actions Committed by Employees
Hospitals are typically held liable if one of their employees intentionally or unintentionally hurts a patient through incompetence. If the employee fails to be reasonably cautious or careful when treating the patient, the hospital will be liable for any injuries sustained by the patient. When a hospital employee fails to be reasonably cautious, this means that he or she has been negligent in the care of the patient. Unfortunately, not all injuries sustained by the patient will be due to negligence.
To reiterate, hospitals will typically only be held responsible if a hospital worker caused the error. This could be medical technicians, nurses, or other support staff members. If this hospital worker was carrying out a job-related duty, the hospital will be typically held liable. For instance, a registered nurse who administered the incorrect dosage to his or her patient can implicate the hospital to be held responsible for the negligent actions.
Is it the Hospital’s Responsibility or the Overseeing Doctor?
The difficulty in understanding if a hospital is liable for the negligence usually comes in wondering if it is the doctor’s responsibility. For example, many doctors are not direct employees of a hospital; therefore, hospitals will not typically be held liable for the negligent actions of a doctor. It is important to understand the relationship of the supervising doctor with that of the medical facility. By identifying if the doctor is an independent contractor or not, a patient can identify what party can be held liable for the injuries sustained from the negligent actions.
The following are common identifiers that determine if a doctor is a hospital employee or an independent contractor:
- The doctor’s working are and/or vacation time is controlled by the hospital will generally mean that the hospital is the doctor’s employer.
- The hospital is typically the doctor’s employer if it has a preselected standard of fees that the doctor is able to charge his or her patients.
When a Hospital Could Be Held Liable for A Non-Employee’s Negligent Actions
Under certain situations, a hospital may still be found liable for a non-employed doctor’s negligent medical malpractice. The following are some of the most common situations where a hospital can still be held liable.
- The facility appeared to be the medical practitioner’s employer.
If a hospital has failed to make it clear that the medical practitioner is not the facility’s employee, the patient has the ability to file a lawsuit against the facility for that medical practitioner’s negligent actions.
- The facility has kept an incompetent medical practitioner on its staff.
Certain jurisdictions will allow a patient to file a claim against the hospital facility if the facility allowed an incompetent doctor to remain on its staff, even if the doctor was an independent contractor. For instance, this can be a medical practitioner who was allowed to treat patients even after a hospital became aware of the doctor’s personal drug abuse issues.
Seek Legal Support
Understanding if a hospital facility can be held liable for your injuries can be complicated and complex. Consider speaking to a qualified medical malpractice attorney who can guide you through the claims process. The attorneys at SANFORD A. KASSEL, A Professional Law Corporation are dedicated to helping those who suffered injuries due to a hospital’s negligence. Seek the advice and support of an experienced team of medical malpractice attorneys. With the right support, you could receive restitution for the injuries you have sustained.
