In order to file a lawsuit against a hospital in Pennsylvania on the grounds of medical negligence or vicarious liability, patients will likely need the insight and guidance of a medical malpractice lawyer. Generally, patients can sue a hospital on the grounds of vicarious liability, which essentially holds the hospital responsible for negligent actions taken by employees or agents of the hospital. However, the state of Pennsylvania has taken further steps to protect a patient’s right to sue hospitals by implementing statutes that govern how vicarious liability is determined.
As a patient, your right to sue a hospital will depend on the nature of your individual case, the alleged negligent party, and the relationship of that party to a given hospital. The only accurate method to discern these factors is through consulting with a lawyer that actively practices medical malpractice in the state of Pennsylvania.
Where Pennsylvania Stands on Vicarious Liability for Hospitals
Per statute, the state of Pennsylvania recognizes the vicarious liability created by negligent employees of hospitals. Furthermore, in light of actions taken by hospital to limit their liability by restructuring how they “employ” doctors, the state has created statutes that recognize hospital liability under the principle of ostensible agency or apparent employment. The statutes include the following:
- Hospitals can be sued (are liable) for negligence torts of employees
- Hospitals can also be sued for negligent actions taken by a physician, though not a direct employee, who reasonably appears to be a member of the hospital staff to a prudent person
- Hospitals are also liable for negligence torts arising from malpracticing doctors in event the care leading up to an instance of negligence was represented as being provided by a member or agent of the hospital
It is worth noting that under Pennsylvania statues, claims involving vicarious liability can only recover punitive damages in cases where a hospital knew ahead of time about conduct or other otherwise negligent or reckless actions that give cause to punitive damage claims by a patient.
Get Legal Advice
In short, a patient’s only method to determine definitively whether a hospital is liable, and can be sued, for the negligent actions of medical professional or staff member, is through consulting a medical malpractice lawyer. Medical malpractice covers a relatively complex body of law, which is even further complicated when claims involving vicarious liability or joint and several liability exist. Contact a lawyer to learn more about your legal rights.
