Statutory differences in state medical malpractice laws can ultimately influence the ability of a given patient (claimant) to recover damages. These state laws are widely varied and cover a long list of potential differences between states. As a patient, choosing a jurisdiction is not possible; patients must file claims in the state where a given cause of action occurred. One of the more notable differences between states is how each state addresses vicarious liability. Vicarious liability statutes address how and when a patient can hold a hospital facility or healthcare clinic liable for damages, in light of negligent actions by one of their direct or ostensible employees or agents.
Vicarious Liability in Medical Malpractice Lawsuits
The standard for determining vicarious liability by state will vary; however, most states recognize the liability a negligently performing employee or agent of a healthcare institution and the liability this creates for that agent or employee’s employer. However, the determination of whether a person, who is not a direct employee or agent, constitutes the legal liability of an employee based on their presence or actions is taken at a state-by-state basis. Typically, state laws seek to provide more legal rights to patients rather than provide protection to healthcare providers.
Joint and Several Liability
It is important to note that a patient has the legal right to hold a hospital or individual medical professional liable for damages on an individual basis, such as filing suit against only a hospital facility or only a given medical professional. Furthermore, state laws will vary on filing suit against two or more liable parties, often covered in state specific statutes governing joint and several liability.
Premises Liability and other Negligence Claims Involving Hospitals
It is also important to note that a claim filed against a hospital may not necessarily fall under medical malpractice tort laws, but rather, premises liability tort laws. This would be the case, in most states, if a patient were injured as the result of a slip, trip, fall, or any other cause of action that is normally governed by premises liability statutes.
Getting Legal Help with Doctor and Hospital Lawsuits
In short, medical malpractice lawsuits involve a complex area of law, which is different from case to case and from state to state. As a patient, the only method to garner accurate and definitive legal information relevant to one’s personal case is through contacting a medical malpractice lawyer.
