A patient’s ability to sue a hospital in North Carolina based on a medical negligence claim will revolve around proving that the negligent individual was employed, either directly or ostensibly, by the hospital or other healthcare facility. For starters, a patient must have a viable medical negligence claim. Based on this information, a patient and legal counsel must determine the relationship of the negligent party (often a physician, surgeon, or emergency room staff member) to a given hospital facility. If a given medical professional is directly an employee of a hospital, the hospital can be held liable and sued for the negligence of an employee.
Other considerations may create liability for a hospital, as well. In most cases, a patient can prove that his or her negligent care was provided by an individual that was ostensibly an employee or agent of a hospital. For example, many hospitals seek to curtail liability by indirectly hiring personnel on a private contractor basis. However, most patients (especially those seeking immediate medical treatment) will go to a hospital building for treatment, and any individual that treats them within these confines, is most likely ostensibly an agent of the hospital. Furthermore, hospitals may be held liable for negligent actions occurring on their premises, if they should have reasonably known a given medical professional (often a surgeon or surgical staff member) was incompetent or a risk to patients.
Specific Considerations Relevant to Hospital Liability in North Carolina
Medical negligence laws in North Carolina outline certain aspects of hospital liability created by employees or perceived employees, under what are known as vicarious liability laws. The state of North Carolina adheres to the following policy on determining vicarious liability for hospitals, including:
- North Carolina recognizes direct employee negligence as creating liability for employers
- North Carolina, however, has declined in the past to recognize the doctrine of apparent or ostensible agency (perceived employment) to impose liability on a hospital for the negligence of independent contractor employees or other non-employee relationships. It should be noted that this is not a definitive statute and only based on few legal precedents,.
Talk to a Medical Malpractice Attorney
For patients, every individual claims case involves certain elements that may create liability for hospitals, and in turn, give patients the right to sue a hospital. Vicarious liability is simply one method of doing so, and in turn, patients and legal counsel can consider holding a hospital directly negligent on a number of other grounds, such as medical negligence, premises liability, and others. Consult with a lawyer in North Carolina to learn more about your legal right to file suit against a hospital.
