Proving Hospital Negligence in a Medical Malpractice Case

Proving Hospital Negligence in a Medical Malpractice Case

Posted By Maher Law Firm || 5-Sep-2018

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 compensation.

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.

Categories: Medical Malpractice
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