Hospital Medical Malpractice Lawyers

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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Can a Hospital Be Held Liable for My Injury?

In addition to the individual practitioner (doctor, nurse, etc.), a hospital can also be held liable for medical malpractice injuries caused by staff members. Depending on the relationship between the hospital and the allegedly negligent medical practitioner, the hospital’s level of liability can vary.

What Kind of Liability Does the Hospital Have for My Injury?

A hospital may have vicarious liability and/or corporate liability for the medical malpractice of a practitioner.

Vicarious Liability

A hospital faces vicarious liability for the negligence of an employee. If an employee is found to be negligent and guilty of medical malpractice, the injured party can be awarded damages from the hospital for vicarious liability in addition to any damages from the specific practitioner.

Vicarious liability is dependent, however, on the relationship between the practitioner and the hospital itself. If the practitioner is not a formal employee but an attending member or an independent contractor, then the hospital is not vicariously liable. Courts have found some exceptions to this distinction in cases where the attending or contractor practitioner is reasonably seen as a full-fledged staff member by the injured patient. For example, often in emergency room situations where it would be difficult to ascertain the status of a practitioner prior to obtaining emergency care, courts have held the hospital to be vicariously liable, whether the practitioner is a staff member or not.

Corporate Liability

A hospital can also face corporate liability for negligence in not retaining competent employees. A hospital is obligated to provide adequate services and service providers. This includes ensuring that the staff members are:

Depending on the practitioner's liability, the relationship between the practitioner and the hospital, and the hospital's negligence in providing sufficient staff, an injured party can recover damages from a hospital for medical malpractice.

Do You Need an Attorney Experienced with Medical Malpractice?

If you, or a loved one, have been injured by medical malpractice, you should speak to a personal injury attorney immediately to learn more about the value of your case, who can be held liable, and what types of recoveries are available to you.

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Last Modified: 10-17-2014 12:40 PM PDT

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