For patients, filing demands for compensation from a hospital for medical malpractice requires a careful scrutiny of the claim itself. In most cases, the claims for compensation against a hospital stem from the negligence committed by a staff member, employee, or indirect employee of the hospital itself. Granted, claims such as refusal to treat, delayed treatment, premises liability issues, and certain medical negligence claims are solely attributable to the hospital itself, rather than an individual medical staff member. However, the bulk of claims against hospitals require patients to decipher the complicated employment relationship between the hospital and the allegedly negligently performing employee.
How the State of Florida Addresses Vicarious Liability
In the state of Florida, medical malpractice liability is incurred by hospitals for the negligent actions committed by direct employees, per respondeat superior. However, the state of Florida addresses the liability of a hospital for negligence committed by non-employees (most likely independently contracted physicians at a hospital) in a different manner, which is outlined as follows:
- Per judicial decisions, the state of Florida holds hospitals vicariously liable for negligent action committed by independently contracted non-employees under a theory of corporate negligence. In short, this theory states the hospital has a duty to provide quality control over selecting employees and non-employees, and if even a non-employee commits an act of negligence, the hospital failed to adhere to this duty to retain competent physicians.
- In certain other cases in the state of Florida, a hospital may also be held vicariously liable for acts of negligence committed by non-employee physicians per the theory of joint venture, which will require showing the individual doctor and hospital had a shared or joint interest and common purpose, specifically governing profits and losses.
- Finally, the courts in Florida have also recognized apparent agency as a viable grounds for holding hospitals liable for non-employee negligence.
How Statutory Damage Caps in Florida Influence Patient Claims for Compensation
If a patient does have sufficient grounds to hold a hospital liable, his or her damage recovery amounts will be further limited by statute, per the damage caps in place in the state of Florida. Per state statutes, only punitive damages are capped in the state of Florida, which states that any punitive damage amount more than three (3) times the economic damages is unreasonable, save for rare exempt cases.
Getting Legal Help with Hospital Malpractice in Florida
As a patient, the only definitive method of determining your legal rights to sue a hospital, as well as determining what types and amount of compensation that you can recover, can only be learned through contacting a medical malpractice lawyer as soon as possible following the discovery of negligence or harm.
