21st May 2024

Is a hospital responsible for a doctor’s negligence?

Medical malpractice leads to trauma. It is hard to think about blame and how to approach justice when experiencing personal injury or the death of a loved one while in the care of a hospital. But, making information easier to access is helpful during such a difficult time.

What is medical malpractice?

The easy answer is — when someone in the medical field does not practice reasonable caution when taking care of a patient, and it results in direct harm.

It is good to keep in mind accidents, and mistakes happen in a hospital. And, not every single one of them is a negligent act.

Hospital Liability for Employees

Hospital liability for employees is the first type of situation someone may find themselves. Nurses, support staff, and technicians are typically employees of a hospital.

Administering the wrong medication is a cut and dry example of carelessness.

Hospital Liability for Doctors (Non-Employee)

However, when it comes to the doctor, it tends to get a tad trickier. Generally, physicians do not work directly for a medical institution. Patients sign paperwork that acknowledges that fact. It is how hospitals limit their liability.

Emergencies are the exception to that rule. Patients do not have the time to sign paperwork in an emergency room that relieves them of negligence.

Another exception, some states allow people to file a malpractice suit if a hospital gives privileges to a dangerous or incompetent doctor.

Getting Help from a Malpractice Attorney

When it comes down to doctor negligence, every state has its own procedures and legal rules. A malpractice attorney knows the ins and outs of the complex area of law. You never have to approach a lawsuit alone.