November 27, 2022

When can a Hospital be Held Liable for Medical Malpractice?

If you are dealing with a situation of medical malpractice, you likely know that it is an extremely stressful thing to deal with, no matter which side you are on. If you are a family member of someone who has died due to medical malpractice, obviously you are dealing with a terrible situation. You are grieving a loved one, and you are angry about the way in which they passed on. Even though a medical malpractice attorney cannot help you bring this person back, they can help you get the justice that you deserve for your loved one.

If you want to work with a medical malpractice lawyer, you want to work with someone who has a very strong grasp of the history of medical malpractice. If they have a great deal of experience, as well as an understanding of the history of malpractice, they will have more examples that they can draw on in order to be able to help you. You might have several questions about the process as well, such as, how do I file a lawsuit against a hospital? How do I know if I have a malpractice case? How do you sue a doctor? An attorney can help you with all of these.

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If you’ve been harmed by medical malpractice, it can be hard to know who to hold accountable. In many cases, you can find fault with the medical professional who treated you, but sometimes the hospital is responsible. Here’s a basic rundown of when the hospital is responsible for medical malpractice and when it isn’t:

Hospitals are generally responsible for the actions of their employees. Whenever an employee’s negligence harms a patient, the hospital is liable for the resulting damages. Paramedics, nurses, and medical technicians are generally considered hospital employees. If they were performing a task related to their job when the negligence occurred, the hospital will typically be liable.

Doctors are a different story. Many doctors aren’t hospital employees, even if they work there regularly. Doctors whose hours, vacation times, and fees are set by the hospital are usually considered employees, whereas doctors who work as independent contractors are not considered employees.

This means that if a doctor who doesn’t work at a hospital makes a mistake, liability usually lands on their shoulders. A doctor may also be responsible if a hospital employee commits malpractice under their supervision, in a situation where the doctor was present and could have prevented the employee’s negligence.

There are instances, however, when a hospital can still be responsible for a non-employee doctor. If the hospital does not clarify to a patient that the doctor is not an employee, in an admission form or otherwise, the patient can sue the hospital. Patients injured in the emergency room are another story and are subject to more complex rules. The hospital may also be sued if they employ an incompetent or dangerous contractor.

The best personal injury lawyers can often get you a settlement from all parties involved. Personal injury lawyers specializing in medical malpractice will often be more capable of helping you than generalized personal injury lawyers. If you’re not sure how to find a personal injury attorney, start with online reviews and recommendations from friends and go from there.

Find out more here.

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