Medical negligence has become a common concern for patients worldwide. The experience can be traumatic and hard to deal with. You trust a doctor to help you with your medical issue, but they end up harming you. Thankfully, personal injury law comes to the rescue of the victims of medical negligence and malpractice. The case is pretty simple when a medical practitioner is responsible for your injury or damage.
You can sue them and claim compensation. What if you are injured while getting treatment in a hospital? Can you file a claim against the facility? Let us explain when you can sue a hospital for the negligent actions of doctors and staff. Longevity Live Partner Content.
Employee Actions Make Employers Liable
If a healthcare practitioner is a hospital employee, the facility can be held liable for the negligent act of that person. While you will probably associate medical malpractice with a doctor, there’s much more to it. You can sue a hospital for the incompetence of nurses, medical technicians, and even support staff. They are all employees of the facility, so it has to bear the burden of their actions.
If the employee injures you during the course of their duty, the employer is responsible. Conversely, they may be off the hook if the employee commits negligence while under a doctor’s supervision. In that case, you can sue the doctor.
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The Employer-Employee Relationship Is The Key
Although these personal injury cases sound confusing, the employer-employee relationship between the hospital and practitioner is the key.
It can get quite confusing because some practitioners work as hospital employees while others serve as independent contractors.
You can seek the advice of an experienced personal injury attorney at Diaz Law Firm to get your facts right. It is vital to understand the relationship to decide the direction of the lawsuit. A practitioner is likely to be a hospital employee if:
- The facility controls their working hours and vacation time
- It determines the fees they charge from the patients
Even Non-Employee Actions Can Make A Hospital Liable
The medical malpractice case is pretty straightforward if a hospital employee commits negligence leading to your injury. You can sue the facility and claim compensation.
Photo by Sora Shimazaki from Pexels
Surprisingly, the hospital may be liable even for non-employee actions at times. For example, you may hold it responsible if it does not clarify that the doctor is not their employee. Typically, they would mention the information in the admission forms to avoid such complications. However, it is likely to be missed for emergency room patients. Likewise, you can hold the facility responsible for keeping an incompetent professional on staff. It will be valid even if the practitioner operates as an independent contractor. It is the facility’s responsibility to vet a professional before letting them be a part of their team. Not doing so makes them liable.
A patient can sue a hospital for the negligent actions of their employees and even contractors. As a victim, you must clarify your doubts and have a specialist representing your case. Suing an organization definitely puts you in a better place from the compensation perspective. So you must do it if you have a chance.
Who Is The Author?
Natalie O’brian has years of experience in legal write-ups. She has been assisting her readers with legal advisory on civil laws and has been featured in several leading law magazines.
