If a patient is harmed as the result of medical negligence while receiving treatment at a hospital, the hospital can be held liable, and sued, for negligent care provided by employees. Employees of hospitals include individuals such as nursing staff members, technicians, paramedic staff members, and others, however, most hospitals structure their employment policy in a manner that limits their liability for doctor and surgeon negligence. The state of New Jersey does accept that claims of negligence arising from employee actions do create liability for hospitals, and in a limited number of instances, the state of New Jersey also recognizes vicarious liability created under the doctrine of apparent or ostensible agency, if a patient would reasonably believe treatment is being provided by an employee.
Determining Whether a Doctor Is a Hospital Employee
The only method to determine whether a negligently performing doctor is an employee of a hospital, and if the hospital can be sued for the negligent actions of the doctor, involves closely scrutinizing the relationship between the doctor and hospital. Most doctors are not direct employees, but rather, work as independent contractors, enjoying non-employee status, which protects hospitals from liability. However, the state of New Jersey does address this attempt to shield hospital liability through the following:
- If a doctor is a non-employee, but has his or her hours dictated by the hospital, has his or her rates dictated by the hospital, or has his or her vacation time dictated by a hospital, the hospital can be legally held as an employer of this individual, and as such, can be sued for negligent actions taken or not taken by the doctor
- If a hospital allows an incompetent or dangerous doctor to use their facilities or work on their staff, while reasonably knowing the risk of future incidents of negligence, the hospital most likely can be sued
- If a hospital appears to be the employer of a doctor, the hospital most likely can be held vicariously liable and sued under the doctrine of apparent or ostensible agency and employment, which is only determined on a case-by-case basis in New Jersey, based on the reasonable assumption of a patient receiving treatment in that specific instance.
It is also important to note that a hospital may be held liable and sued for matter unrelated to employee or assumed employee actions, such as in instances of premises liability claims or claims involving medical complications as the result of an unsafe, unsanitary, or otherwise negligent hospital facility (building and property inside) itself.
Consult a New Jersey Medical Malpractice Lawyer
For patients, the only accurate method of determining whether one can file suit against a hospital in their state is through consulting with a medical malpractice lawyer. Each case is highly individualized and furthermore, the applicable body of medical malpractice laws, which are complex to begin with, will vary from case to case.
