If you suffer an injury during a hospital stay, how do you know whether you can sue the hospital for negligence or medical malpractice? You probably have a case if you received inept care at the hands of an incapable hospital employee, such as a paramedic, nurse or medical technician. But a hospital is often not held accountable for a mistake your doctor might have made. Read on to find out more information about when you can sue a hospital for negligence or medical malpractice.
A Hospital is Accountable for the Actions of Its Employees
If an incompetent employee of a hospital injures a patient while administering treatment, then the hospital is liable, or responsible, for that employee’s actions. That means that if a patient is injured because an employee did not take reasonable safety precautions, then the hospital is responsible for paying to treat the injuries that result from that negligence.
Generally hospital employees include nurses, medical technicians and paramedics. If one of these staff members injures a patient while providing care, then the patient has a right to sue the hospital. For example, if a nurse employed by the hospital harms a patient by administering the wrong dose of a medication, then the hospital is responsible for that nurse’s mistake.
Doctors, however, are usually not considered employees of a hospital. Therefore, if a doctor commits malpractice and harms a patient while working in the hospital, a patient can sue the doctor, but the hospital is not liable. Similarly, if a hospital employee injures a patient while under the supervision of a doctor, then the doctor, not the hospital, would be liable for damages related to that injury. An employee is considered to be under the supervision of a doctor if the doctor is present, and if the doctor has the ability to monitor the employee’s actions. For example if a nurse injures a patient during surgery, then the surgeon, not the hospital, could be sued.
Is a Doctor a Hospital Employee?
Typically doctors are considered independent contractors and are not considered employees of a hospital. There are some doctors who are considered employees of a hospital, and this is true if the hospital assigns the doctor’s working hours and vacation time, and if the hospital determines the fees the doctor can charge. Most doctors, however, do not have this kind of a relationship with a hospital, and so the hospital is generally not responsible for damages if the doctor commits malpractice in the hospital.
Although a hospital is commonly not responsible for a non-employee doctor’s actions, there are certain situations when the hospital would be liable. For example, if the hospital has not clearly communicated to the patient that the doctor is not an employee of the hospital, then the hospital appears to be the doctor’s employer and could be liable for his or her actions. Hospitals prevent this from happening by notifying patients of the doctor’s relationship with the hospital in the admission paperwork.
In an emergency room, however, patients often require immediate treatment, so the hospital is not able to notify the patient that a doctor is not an employee. Therefore, a patient can sue a hospital for an injury that occurred in the emergency room. Also, in many states, an ER doctor can be sued whether or not the patient has been informed about the doctor’s employment status.
Hospitals are held accountable for the actions of doctors who practice medicine there if the doctor is considered incompetent or dangerous. A hospital should be aware of a doctor’s abilities and limitations, and can therefore be held responsible for the actions of a doctor to whom it gives staff privileges. For example, if a doctor suffers an injury or illness that affects his or her ability to safely practice medicine, and the hospital administration is aware of this, then the hospital is responsible for malpractice that the doctor commits as a result of this injury or illness.
Getting Representation
The rules regulating medical malpractice law are extremely complex, and they vary from state to state. Therefore it is crucial that patients consult with or get representation from an attorney.