Under certain circumstances involving medical negligence, a patient can sue a hospital in Ohio. Typically, lawsuits filed against a hospital stem from negligent actions of an individual medical professional, such as a doctor, nurse, or technician. However, whether a patient can hold a hospital liable for the actions of an individual medical professional depends on the relationship between the individual and the hospital itself.
In the state of Ohio, medical negligence as the result of employees creates liability for hospitals per the doctrine of respondeat superior, and in turn, a patient can sue the hospital, as well as the individual at fault for providing negligent care. However, most hospitals do not directly employ many doctors and surgeons. Though a nursing staff member, medical technician, and paramedic staff members are typically direct employees, many hospitals attempt to limit their liability for negligence claims by indirectly employing doctors and surgeons, often on an independent contractor basis.
Relationship Between Doctors and Hospitals
In the state of Ohio, a patient can sue a hospital for negligence created by direct employees, and in certain circumstances, for negligence performed by non-employees as well. The following outlines these commonly occurring circumstances:
- If a hospital should reasonably known that a given doctor or surgeon performs negligently or creates a risk for patients that violates the duty of care, the hospital can be held liable for negligence claims regardless of the relationship between the two parties, if the hospital allows the doctor or surgeon to continue to use the hospital’s facilities
- Per the doctrine of agency by estoppel in Ohio, a patient can sue a hospital for torts committed by a non-employee, if the hospital advertises or represents itself to be a provider of public medical services, or in the event that patient seeks medical care from the hospital facility, rather than the individual doctor
With these legal precedents and statutes in place, a patient in Ohio has a limited ability to file suit against a hospital for the negligence of a non-employee, which can only be determined on a case-by-case basis, once the relationship between the negligent party and the hospital is established.
Talk to a Medical Malpractice Attorney
It is important for patients to note that hospitals are liable for negligence torts as the result of any claim directly holding the hospital liable for negligence, outside of any vicarious liability based suit, which may include claims involving premises liability actions. In short, a patient will need to seek legal counsel to file claims against a hospital successfully.
