It can be difficult to prove medical malpractice, but there are limited exceptions. Several circumstances exist in which hospitals can be held accountable for negligence in providing medical care. In this article, readers will learn about those circumstances, and clients can find out what type of documentation is required in a malpractice case.
Hospital Responsibility for an Employee’s Negligence
Hospitals can be held responsible for employees’ negligent acts. Typically, nurses are considered hospital employees. In some instances, paramedics and medical technicians are employees as well. As long as the person was acting in the course of their job when the patient was injured, the victim can hire medical malpractice representation and bring legal action against the hospital.
Documentation in Malpractice Cases
If the employee’s negligence was non-medical, for instance, failing to put out a “wet floor” sign, the standard rules of negligence apply. With the above example, a patient injured after a fall on a wet floor would need to prove all the factors of a slip and fall injury claim. A judge’s conclusion of medical or standard negligence is sometimes difficult to predict, and courts have made different rulings on the subject.
Doctors Aren’t Hospital Employees
A hospital isn’t typically liable for a doctor’s malpractice because most physicians are independent contractors. However, certain doctors are hospital employees, and the nature of the relationship between doctor and hospital determines the doctor’s status. Generally, if the hospital controls a doctor’s vacation time or work hours, or if they set the doctor’s fees, the physician is an employee rather than a contractor.
Corporate Negligence
Some jurisdictions hold hospitals responsible if they give staff privileges to dangerous or incompetent physicians. Hospitals can also be held liable if a previously safe physician’s dangerous or incompetent behaviour should have been apparent. For example, a victim suing for negligent doctor selection may have to prove that the doctor would not have been hired if they’d been screened appropriately. Plaintiffs suing for negligent retention would need to prove that the hospital’s administrative staff should have known of a doctor’s sudden incompetence.
Medical malpractice cases can be exceedingly difficult to prove, but a malpractice attorney with can help a client gather the necessary documentation. With medical malpractice representation, an injury victim can protect their legal rights and hold the correct party liable.
Connect with us with on Google+!
