Hospitals are supposed to treat us in our most vulnerable moments, and we trust hospital management, staff members, and doctors to provide us with the correct standard of care. However, many professionals who work in these facilities commit acts of medical malpractice, leading to severe injuries and even death.
When Can You File a Lawsuit Against a Hospital?
Hospital liability in medical malpractice claims can be complex. In situations where you suffered malpractice due to the actions of a hospital employee, such as a nurse or medical assistant, you can almost certainly file a lawsuit against the facility. However, many doctors are not hospital employees; they are often independent contractors who operate out of the facility.
If the at-fault party is an independent contractor, liability becomes more complicated. You can hold a hospital responsible for a contractor’s actions under two scenarios.
- The hospital failed to inform you that the doctor was an independent contractor and he or she appeared to be a hospital employee.
- The doctor had a history of dangerous or negligent behavior, the hospital was aware of this history, and the hospital failed to take action against the doctor.
If your case does not fall under those two scenarios, you will need to file a claim against the doctor directly. Speak to an attorney at Fowler Pickert Eisenmenger Norfleet to determine who may be liable.
