When you are mistreated at a hospital by staff members, can you file a medical malpractice lawsuit against the hospital? Well, in most cases, hospitals tend to be responsible for negligence committed on the part of their employees. However, as your medical malpractice attorney would explain (you know, the one you called yesterday and the one you just met for the first time and that you are now working with), in certain cases, the hospital cannot be considered responsible.
This does seem incredible and frightening since they are the ones who hired and employed this person(s).
Malpractice by Employees
For instance, the hospital would always be liable for acts of negligence committed by its staff members that might have amounted to an injury. Typically, hospital staff members would include paramedics, nurses, medical technicians, hospital employees, and so on. So, in an event when any of these employees commit serious errors, the hospital can be held responsible for these employee’s actions or neglect.
Malpractice by Doctors
However, medical malpractice lawyers would clarify that in most cases, an act of negligence carried out by the doctor of the hospital may knock the hospital off the hook unless of course the doctor is an employee of the hospital. You should know that doctors are commonly not employees of the hospital. So do not assume the hospital is at fault of an individual doctor makes a serious mistake.
Most doctors work with hospitals on a contractual basis. However, this might not be universally true. In some cases, however, the relationship that the doctor shares with the hospital could ascertain whether he is an employee or not. For instance, if the doctor has vacation time with the hospital, if the hospital is paying the doctor, if the doctor is on a working schedule with the hospital could all be factors to determine if this doctor was employed by the hospital.
The Doctor can be Sued
Similarly, if an employee of the hospital is working under the supervision of the doctor when the act of medical negligence has been committed, in such cases too, the hospital cannot be held responsible at all! You will have to sue the doctor in charge since he had assumed responsibility for the actions for the employee. Consider consulting a medical malpractice attorney for more clarity before proceeding with any case, pointing any fingers, or making any strident verbal accusations.