Can You Sue an Entire Hospital for Malpractice?

Can You Sue an Entire Hospital for Malpractice?

Posted By Maher Law Firm || 28-Jun-2017

If you are injured by a medical professional during the course of treatment at a hospital, who is liable? Should you sue the health care practitioners, or can you go after the entire hospital for malpractice? If you are seeking damages, it is important to know who is liable before you build your case.

Employee or Independent Contractor?

Hospitals are usually responsible for the actions of their employees. If the employee is negligent, the hospital is accountable for any resulting injuries. For example, if a nurse gives a patient the wrong medication and it results in harmful side effects, the hospital is probably liable for the nurse’s mistake.

However, if the person who injures you is an independent contractor, the hospital will not be liable for their mistakes. Most doctors are independent contractors, and not employees, so if your injuries are caused by a doctor’s negligence, you would have to sue the doctor rather than the facility. Nurses, medical technicians and support staff are usually hospital employees.

Steps to Take to Sue a Hospital

If it is determined that your injuries were sustained due to the negligence of a hospital employee, there are a few steps to take:

  1. Act before it’s too late. Time limits require you to file a claim promptly. Wait too long and your claim will be considered invalid.
  2. Discuss the case with an attorney. Proving medical malpractice can be very complex and the legal guidance of an experienced personal injury attorney can help.
  3. Collect medical records. Upon request, a hospital must give you a copy of your medical record.
  4. Determine your damages. Talk to a lawyer and consider all possible losses stemming from the medical malpractice.
  5. Comply with rules. Most states require you to follow procedural rules before filing a medical malpractice lawsuit.
  6. Draft and file a complaint. Create a letter, with the help of your lawyer, that includes your name, the name of the hospital responsible, a description of how the injury happened and your expectation of compensation.

If you or a loved one has suffered an injury due to negligence, contact our Orlando medical malpractice lawyers at The Maher Law Firm today. We can help you hold a doctor or hospital liable for their errors.

Call (855) 338-0720 or contact us online.
Categories: Medical Malpractice
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