Hospital Liability for Medical Malpractice

Many serious claims for medical malpractice arise from procedures and treatment given to patients in hospitals.   The hospital itself is generally liable for any action of its employees that are undertaken within the scope of their employment with the hospital.   A hospital is responsible for the actions of its employees, be that a doctor, nurse, or other person involved in the provision of healthcare services as long as that person is acting within the scope of his or her employment providing healthcare services to patients with the hospital.

Respondeat Superior

Not all doctors working in a hospital facility are employees of the hospital.  He or she may have privileges to use the hospital facilities to provide medical care and treatment for patients.  These types of doctors often bill patients for services directly, rather than through the hospital, but that may not always the case. Some doctors are considered independent contractors rather than employees of the hospital, and in that type of situation the hospital may not be liable for negligence or professional malpractice of those doctors.  There are however a number of exceptions to that general rule and it is important to consult with an attorney to for a careful analysis on a case by case basis before concluding that the hospital is not liable for an injury that occurred in a hospital or medical facility setting.

The main point that most consumers need to understand about hospital liability for the negligent actions of its employees providing medical treatment and assistance to the public is that it would be best to consult with an attorney to determine if the facility has any liability for an injury that may have happened on or in its facility.  It might be difficult to access the kind of employment agreement or privilege contract information that would evidence the employment or independent contractor status of that individual necessary to properly assess the liability of the hospital facility for any given injury situation. 

Hospital Equipment

A hospital can be liable for an injury on other grounds.  For example a hospital is obliged to provide and maintain equipment necessary to provide proper surgical procedures to surgical patients.  This equipment should be functioning in safe, good working order at all times and should be inspected to document that is in a safe condition for patient use.  Hospital personnel must have been adequately train in the correct operation of the facility medical equipment and all equipment malfunctions should be reported to the correct authority.  If hospital personnel are aware that a piece of equipment is being improperly used by a doctor during a surgery they are obliged to object and report the problem in order to prevent any patient injury from happening.   A hospital is also required to have an adequate amount of operating rooms and enough staff to handle the number of planned procedures each day.  A hospital would be liable for an injury that happened where it did not cancel a procedure that it knew it could not provide a proper operating room in which to conduct the procedure and a doctor was allowed to begin the procedure anyway causing patient injury as a result. 

Hospitals can be held liable for patient injury on may grounds.  It is important to consult with a medical malpractice attorney to properly determine if you or your family member has a valid cause of action against a hospital facility for a treatment related injury suffered within that facility.