Can a Hospital be Found Negligent for Patient Misdiagnosis?

The last thing that an individual seeking medical treatment anticipates is a problem with a hospital misdiagnosis of their condition. In situations where a patient is injured or damages occur because of hospital negligence or the actions or lack of appropriate medical care by employees of the hospital there may be grounds for a lawsuit.

Key Considerations for Hospital Liability

Tort liability suits can be brought against a hospital in a variety of situations. Not all events that happen within the hospital, including damages to a patient or death of a patient, are causes for a lawsuit. In order to prove negligence and legal liability the individual must demonstrate that the hospital did not provide an appropriate level of care or made some error or omission that was the direct cause of the damage.

Is the Hospital Negligent or is the Doctor?

The question of which entity to bring the lawsuit against, the hospital or the physician, typically depends on the working arrangement or relationship of the physician to the hospital. If the staff member, including support staff, was directly employed by the hospital then the hospital itself would be considered liable. In most situations the staff included as hospital employees would encompass lab and hospital technicians, emergency room staff, paramedics and nursing staff. Doctors and other medical specialists, including surgeons, are typically subcontracted under the hospital and therefore may be held liable rather than the hospital.

In some situations the hospital is considered liable for the actions of the doctor or specialists even if they were not direct employees of the hospital. This includes cases when the doctor failed to follow standard treatment procedures or in cases of a misdiagnosis where the hospital failed to address areas of concerns with the doctor's professional performance.

Lack of Appropriate Care

If a hospital fails to provide the patient with the appropriate standard of medical care the patient can bring suit. This includes the staff or hospital failing to provide preventative measures to protect the patient or failing to follow standard treatment methods for a particular medical condition. Standards of care are determined by expert witnesses that establish what are reasonable protocols and procedures for hospitals to use when providing treatment for conditions. Unsanitary conditions in a hospital would also fall under this category.  

Seek Legal Help

Talk to a medidcal malpractice attorney if you think you or someone you know was caused undue injury by a medical professional. Most of these attorney will offer you a no cost initial consultation where you can get legal advice regarding your options for holding the liable party responsible.