Surgical Error and Hospital Liability

In surgical error cases, patients may possess legal grounds to not only hold negligent surgeons liable for damages, but also, a patient may be able to hold a hospital facility liable for injuries and other damages sustained as the result of surgical errors. The following article outlines the potential liability a hospital may incur as the result of a negligent surgical error occurring in their operating rooms.

When a Hospital May Be Liable for Surgical Errors

The hospital itself most likely will not cause a surgical error to occur on the operating table, and in most cases, a surgeon will be responsible for the actual surgical error. However, hospitals may be liable for surgical errors in the following situations:

• Should a given surgeon, who caused a surgical error, be employed by a hospital facility, the hospital may be liable

• Should a negligent surgeon be legally construed as being employed by a hospital, the hospital may also be held liable. Often, hospitals treat surgeons as independent contractors allowed to use their operating rooms and other facilities in an attempt to mitigate potential liability. However, hospitals may still be liable for independent surgeon actions if the patient can prove, from a legal standard, which the hospital acted as the employer of a surgeon

• Should the errors or negligence of other hospital staff members, such as surgical staff members or pre-operative care nursing staff, attribute to the cause of a surgical error, the hospital may be held liable for their negligence of their employees

• Should the hospital knowingly allow an incompetent or unfit surgeon to utilize their operating facilities, a hospital may also be held liable for damages suffered by patients in cases of surgical errors

• If material, equipment, diagnostic tools, or monitoring tools provided by hospitals in their operating rooms, which are faulty, poorly maintained, or defective and contribute to a surgical error, the hospital may also be held liable

How to Determine if a Hospital Is Liable

In essence, only a case-by-case analysis of the factors and relationship between a surgeon and a hospital, as well as an investigation into the events leading to a surgical error, can ultimately determine whether a hospital may be liable for patient damages.

Getting Legal Help with Holding Hospitals Liable for Surgical Errors

Only through a lawyer can a patient determine their legal rights following an instance of surgical error. Furthermore, only through a practicing medical malpractice lawyer can patients actively pursue legal claims for compensation for damages caused by a surgical error. Consult with a lawyer before making any statements or steps to commence legal action against potentially liable parties following a surgical error or mistake.