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:
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.
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.
Collect medical records. Upon request, a hospital must give you a copy of your medical record.
Determine your damages. Talk to a lawyer and consider all possible losses stemming from the medical
Comply with rules. Most states require you to follow procedural rules before filing a medical
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.
(855) 338-0720 or
contact us online.