Suing a Hospital for Medical Malpractice
Wondering if hospitals can be sued for medical malpractice? Yes, they can, but liability depends on various factors like the employment status of doctors and the hospital’s level of control. Acting swiftly, gathering medical records, and determining damages are key steps. If you’re wondering how to sue a hospital for negligence, consulting specialized legal firms like the Law Offices of Steve Newman can help you navigate the complexities.
Nobody wants to think that something wrong will happen during a hospital visit, but unfortunately, it does happen. When medical malpractice occurs, patients usually will sue the doctor that was solely responsible, but there are times that they will also sue the establishment where the injury took place.
Hospitals are generally only responsible for the actions of their employees, which does not include doctors that are independent contractors. However, there are situations that a hospital may still be liable for the malpractice by a doctor.
A hospital is generally liable for the malpractice of health care providers like nurses, anesthesiologists, and other medical technicians who are hired by the hospital directly. So if you have an injury that is the result of medical treatment received in a hospital, should you make a medical malpractice claim against the hospital?
Here we take a look at whether or not the hospital may be responsible for medical malpractice committed by doctors, employees, and other healthcare professionals, and how to move forward with your claim.
When and How You Can Sue a Hospital for Negligence or Malpractice
Understanding the reasons to sue a hospital can help you determine if your case qualifies for a lawsuit. Hospital liability goes off the theory of respondeat superior. This theory reflects how an entity is accountable for any careless or incompetent actions by employees during their job at the time of the accident, even if the hospital did not act incompetently as a facility.
It is typically easy to establish that the employee was doing their job at the time of the malpractice, unless a doctor not hired by the hospital was supervising that hospital employee. Hospitals may not be liable in these cases if the doctor was there during the malpractice and could have stopped the malpractice from happening.
When the Doctor Is a Hospital Employee
Doctors who work at a hospital are usually independent contractors rather than acting as employees of the hospital. This means that the hospital would not be responsible for any negligent actions while the doctor was present and in charge of any procedures.
But just because the malpractice occurred because of the employee of the hospital, it cannot be held liable on that alone. If a hospital has control over when and how a doctor practices, is in charge of that doctor’s schedule, or determines the fees that the doctor charges, the doctor is considered a hospital employee.
When a Doctor Is An Independent Contractor
There are some instances where a hospital may be liable for a doctor’s negligence. The most common one is when the doctor is not clearly an employee of the hospital.
In order to avoid liability, there needs to be clarity from the hospital stating the individual doctor is not an employee on any intake forms. In an emergency room, this becomes a problem and impossible to do, so any patients that receive incompetent treatment from doctors during an emergency room visit can often sue the hospital for medical malpractice.
Even if a doctor is an independent contractor, if a hospital allows the doctor to practice at their facility knowing the doctor is incompetent, the hospital can then be liable for their actions. This also goes for allowing a previously competent doctor to continue working after the doctor has become incompetent because of something like a drug or alcohol addiction, or mental condition that skews their ability to practice.
Step-by-Step Guide: How to Sue a Hospital for Medical Malpractice or Negligence
Act Quickly Before the Statute of Limitations Runs Out
Waiting too long to file a medical malpractice lawsuit in court can turn out to be a huge mistake. The statute of limitations requires patients to file legal claims as soon as possible, and they can be as short as one year though it varies from state to state. Because the process of this legal complaint can require a lot of steps and has a lengthy timeline, it is that much more crucial to file the claim sooner than later.
Who Was the Negligent Party
As discussed above, it is crucial to determine if the hospital or the doctor was negligent in the case. Just because the medical negligence occurred in the hospital does not mean that you can hold the facility responsible. If the doctor isn’t an employee of the hospital, but instead is an independent contractor, you will need to pursue action against the doctor themselves.
Obtain All Medical Records
Every hospital needs to keep patient medical records for a minimum of two years after treatment. When requested, a hospital is required to give patients copies of their medical records. Be aware there may be a fee for this.
Determine the Damages and Who to Sue
The hospital being sued may eventually make you an offer just to settle the case. You’ll need to make the decision of what the damages are worth, and who needs to be sued.
You can determine the value of your case by considering:
- Medical treatments necessary after the injury
- Past and future loss of wages
- Pain and suffering
- Losses suffered by family members
If the answer is unclear for who is financially responsible for the medical malpractice, you may need to file a lawsuit against more than one party. All of the parties that are potentially responsible should be part of the case as you may not be able to add them later on after the claim has begun.
Take the Next Step With a Medical Malpractice Lawyer
Medical malpractice cases shouldn’t be handled alone because they are often legally, medically, and procedurally complex. It is more than just having an understanding of the law and how it applies to your individual situation, but also having familiarity with these types of medical malpractice cases.
The Law Offices of Steve Newman have an extensive network of board-certified physicians to help analyze medical malpractice occurrences. Medical malpractice cases are handled on a contingency basis, and the client only pays a legal fee if and when the case is settled.
We provide free phone consultations to identify your legal options and are here to protect you. Contact us today.
