Patients suffering as the result of medical negligence often question whether a hospital may be held liable for damages, if the negligent treatment occurred while at hospital facility or location. In truth, only a case-by-case determination by a medical malpractice lawyer can ascertain whether a hospital can be sued in a given case. However, there are some general guidelines applicable to filing suit against any hospital, and in addition, the state of Virginia has several medical malpractice statutes and legal precedents that address the ability of a patient to sue a hospital in light of negligent medical care.
Hospital Liability for Employee Negligence in Virginia
In the state of Virginia, a hospital can be held vicariously liable for negligence committed by employees. This means that if a patient suffers harm as the result of medical negligence committed by a hospital employee or staff member, the patient has a legal right to sue the hospital. Though in theory this sounds rather simple, the reality is that hospitals employ many individuals on an independent contractor or other basis, which attempts to shield the hospital from liability in the event negligence does occur. Therefore, in practice, hospitals rarely directly employ doctors or physicians, although most nursing staff members, medical technicians, and paramedic personnel are typically direct employees.
Hospital Liability for Non-Employee Negligence in Virginia
In the event a patient receives negligent medical treatment while at a hospital facility from an individual considered a non-employee, or some form of independent contractor, the patient’s ability to hold a hospital liable for that non-employees negligence is grounded in legal precedent established in Virginia circuit courts, in the case Stottlemyer v. Ghramm. In short, the courts ruled that determination of whether an individual is an employee of a hospital depends not on the distinction made by the hospital itself, but rather, the factors surrounding the nature of the relationship between the two entities. These factors include selection and engagement, power to dismiss, ability to control the doctor’s work, and method of payment or compensation. One important deviation from this ruling is that hospitals can still be held liable for non-employee actions based on negligent credentialing claims, which state that a patient would not reasonably believe a hospital facility would allow a negligently performing professional work on their premises.
Get Legal Advice
In short, a patient considering filing suit against a hospital or any other medical professional in the state of Virginia must consult with a medical malpractice lawyer before proceeding with his or her case. Medical malpractice is a complex body of legal statutes, court precedents, and other considerations, which only a lawyer can outline and apply to a given patient’s individual malpractice case.
