Are the doctors or hospital responsible for giving a wrong dose of anesthesia?

Get Your Case Reviewed by a Medical Malpractice Attorney
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

Question:

My husband underwent a knee replacement and arthroscopic surgery on his right knee.  Once the procedure was over, he was administered several doses Demerol for the pain.  A few hours after the surgery, he had difficulty breathing and died.  Can the hospital or doctors be held liable for giving a wrong dose of anesthesia?

Answer:

Patients may bring a medical malpractice action against a health facility, hospital, or a health care professional.  When its employee's malpractice results in injury to a patient, a hospital may be vicariously liable under the doctrine of respondeat superior- liable for the acts of its agents. 

The hospital is held to the same standard of care that applies to each agent alleged to have been negligent.  A hospital would be held liable for its employee's negligent acts or omissions if the physician or care provider was acting within the scope of his or her employment duties. 

However, a hospital is not liable for the acts of an anesthesiologist who was an independent contractor, rather than an employee of the hospital. 

Hospitals may also be subject to liability under the doctrine of "corporate negligence" if they are negligent in supervising or retaining medical staff members or if the negligence of a staff member injures a patient.

Talk to a Local Medical Malpractice Attorney now to find out what legal rights you have to pursue justice and compensation.

Please Log in to answer questions.

Get Professional Legal Help



Get Informed - Medical Malpractice Laws & Information

LA-WS5:0.9.17.120126.12696+