Depending on the circumstances, it is possible for a hospital facility
to be found liable for the injuries their patients sustain as a result
of negligent care. However, such cases tend to be complicated, so it is
crucial for any injured patient to make hiring an experienced medical
malpractice attorney a priority to ensure they are able to secure fair
and just compensation.
Hospital Responsibility and Employee Negligence
If you were to sustain an injury due to the negligent actions of hospital
employee, such as a nurse, medical technician, or paramedic, you would
generally be able to hold the hospital liable for your injuries. Typically,
as long as the employee who injured you was engaging in a job-related
task when the incident occurred, you would be able to file a medical malpractice
lawsuit against the hospital.
As a plaintiff, you would need to prove that the employee who harmed you
acted negligently. For example, if a nurse incorrectly administered medication
and you suffered an injury as a result, you would have a valid medical
malpractice claim against the hospital that employed the nurse.
Doctors Are Not Hospital Employees
Doctors are rarely hospital employees and, more often than not, are simply
independent contractors. If the doctor who treated you was an independent
contractor, you would have to file a medical malpractice lawsuit against
him or her for any injuries you suffered. That said, some doctors are
hospital employees. As a patient, how would you be able to tell the difference?
Below are a couple of the general characteristics that could suggest the
doctor who treated you is an employee:
- The hospital controls the doctor’s hours and vacation time
- The hospital sets the doctor’s fees
In the event that it is unclear what a doctor’s employment status
is, the matter would likely have to be resolved in court. In fact, even
if the doctor is not a hospital employee, but it seems as though he or
she is employed by the hospital, it is possible for the patient to file
a lawsuit against the hospital.
Additionally, in some cases, it is possible for a hospital to be held accountable
for the actions of a negligent doctor even if he or she is not an employee
if they knowingly give staff privileges to a doctor they know to be incompetent
or dangerous. For example, if a doctor is battling a drug addiction and
the hospital is aware of it, an injured patient can sue the hospital for
Medical Malpractice Attorneys in Orlando
If you suffered an injury at the hands of a negligent health care professional,
you are likely going through a very difficult time and are in need of
skilled legal assistance to ensure you are able to receive the compensation
you deserve. At The Maher Law Firm in Orlando, our team of
medical malpractice attorneys is dedicated to representing victims of medical negligence and
is backed by over 40 years of experience.
Get started on your medical malpractice case today and
reach out to our law firm at (855) 338-0720 to request your free initial case evaluation
with one of our compassionate and knowledgeable attorneys.