Following a traumatic or damage causing visit to a hospital, many victims pose the question “Can I sue a hospital?” The answer to this question is not necessarily readily apparent, and certain factors must be present in any viable claim against a hospital. Many victims will initially seek to file suit against a hospital for any form of negligent care received on location or even afterwards, however, a brief overview of when a hospital can be held responsible for malpractice by a healthcare professional will help determine if a hospital can be viably named as a defendant in your suit.
Determining the Liability of a Hospital in a Given Malpractice Claim
Assuming the reason for filing suit in the first place amounts to a level of negligence and damage constituting a viable claim, determining what parties can be held liable is the next step. Save for instances of unsanitary conditions in the hospital building itself, a normal malpractice claims will stem from the negligence of a given healthcare professional working within the confines of a hospital. The relationship of this healthcare professional to the hospital itself will determine if a hospital can be named as a defendant in a viable malpractice suit.
If a hospital is to be held liable for the actions of a given healthcare professional, that individual typically needs to be directly employed by the hospital itself. Some persons that may fall into the category will include:
- Nursing staff members
- Paramedics
- Technicians within the hospital
Conspicuously absent from this list are doctors, surgeons, and physicians, which is due to the nature of the relationship between these individuals and the hospitals from where they may operate.
The Relationship of Hospitals and Doctors, Surgeons, and Others
In light of liability laws, many hospitals and medical doctors coexist under a relationship of independent contractors. In many cases, a doctor is not necessarily a hospital employee, who means if the doctor is deemed the negligent party, a hospital itself may not be liable, and pending the specific legal and employment relationship the hospital has with a given physician, surgeon, or other medical professional.
However, there are certain exemptions to the liability protection hospitals enjoy from the negligence of independent contractor physicians and surgeons. A hospital can be held liable for non-employee negligence in the following situations potentially:
- If a hospital functions as the employer of a doctor or other negligent non-employee, regardless of the stated legal relationship between the two. In cases where a hospital dictates the hours of employment and other factors similar to those of regular hospital employees, a doctor working as an independent contractor can be held as an employee in legal matters.
- Emergency room physicians and other non-employees, although they may be structured as non-employees of a hospital, are usually legally considered employees of a hospital in matters of liability.
- Even in instances where a doctor or other healthcare professional is indisputably a non-employee, a hospital can be held liable for their actions if the hospital is aware, or should be aware of the dangerous or incompetent nature of this individual.
Getting Legal Help with Suing a Hospital
When preparing any medical malpractice suit, plaintiffs should seek and regularly consult with legal counsel regarding decisions pertinent to a given claims case. An attorney can accurately assess whether or not a hospital is a viable party that can be held liable for damage claims in medical malpractice case.
