In a surgery malpractice case, a limited and varied number of parties can be held liable (legally responsible) for patient injuries and other damages. The extent of liability, as well as what parties may actually be held liable, will vary from case to case, and often, requires insight from a medical malpractice lawyer. Medical malpractice statutes in most states permit patient’s to make claims not only against a doctor (including surgeons, anesthesiologists, and surgical staff members), but also, against hospitals in certain cases, mostly depending on the relationship between the negligent doctor and the hospital itself. The following article outlines how a doctor’s relationship to a given hospital may create liability for the hospital.
Routine Surgeries and Surgical Mistakes
In a routine surgical procedure, typically one schedule beforehand after a patient consults with a surgeon, the surgeon reserves an operating room or hospital facility for his or her use. In order to mitigate liability, most hospitals allow a surgeon to use their facilities, but often create a professional relationship with the doctor or surgeon that limits the liability of the hospital itself in the event of surgical mistakes.
For patient’s wishing to hold a hospital liable for damages as the result of surgical mistakes during a pre-planned surgery, a patient must prove that some form of employer-employee relationship exists between the surgeon and the hospital. This may not be possible in certain cases, but patients should note that direct employment of a surgeon is not required in most states, and in turn, patients must only prove the semblance of employment by a hospital per the statutes applicable to their state and case.
Furthermore, hospital liability may arise during cases involving surgical mistakes, through issues relating to the operating facility itself, such as faulty equipment, providing inadequate facilities, or other shortcomings that contributed to surgical mistakes. In addition, if a hospital allows a surgeon or other doctor to use a hospital facility, while knowing that this individual is incompetent, reckless, or otherwise a danger to patients, the hospital may also be held liable.
Emergency Rooms and Surgical Mistakes
Emergency surgery creates more liability for the hospital than a routine medical procedure, because in almost all cases, the patient seeks immediate treatment at the hospital venue or emergency room itself, rather than from a specific surgeon. Furthermore, most emergency room surgeons and other parties involved in emergency surgery are either direct employees of a hospital or can be legally construed as one in most cases.
Getting Legal Help with Hospital versus Doctor Liability
In short, only a lawyer, once having reviewed the individual factors surrounding your personal claims case, can make an accurate determination as to whether a hospital is liable for a surgeon’s mistakes. Consult with a lawyer to learn more about your legal rights and options today.
