When you think of medical malpractice, your mind might immediately go to the doctor treating you. But hospitals, where so much of the care happens, can also play a role in medical errors. If you've suffered harm from medical care, you're likely wondering who can be held responsible. Is it just the physician, or can the hospital also be sued for malpractice? The answer depends on a variety of factors, from how the mistake happened to the relationship between the doctor and the hospital.
Understanding hospital and physician liability is critical to determining how to proceed with a lawsuit. Here’s what you need to know about holding hospitals accountable.
Hospital vs. Physician Liability
Physicians and hospitals don’t always operate as a single entity—this is an important distinction. Many doctors who work at hospitals are considered independent contractors rather than employees. This means that under certain circumstances, a hospital might not be liable for a physician's actions.
However, the lines can get blurry. If the physician was employed by the hospital, or if the hospital’s actions contributed to the error, they might share liability. Knowing the employment setup is a key factor in determining whom you can sue for medical malpractice.
When Can Hospitals Be Held Liable?
Hospitals have their own set of responsibilities to ensure safe care for patients. If those responsibilities aren’t met and harm occurs, the hospital may be held accountable. These are some common scenarios where hospitals can be sued for malpractice:
1. Negligent Hiring Practices
Hospitals have a duty to hire qualified and competent staff, including doctors, nurses, and other medical personnel. If a hospital fails to properly vet a physician or hires someone with a history of medical errors or malpractice claims, it could be held liable.
2. Failure to Properly Train or Supervise Staff
Hospitals are also responsible for ensuring their staff are well-trained and adequately supervised. For example, if a nurse administers medication incorrectly because they weren’t trained properly, the hospital could share blame for the error.
3. System Failures or Unsafe Practices
Hospitals must provide a safe and functional environment for care. This includes things like keeping equipment in working order, following infection-prevention protocols, and managing efficient communication systems. If a system failure—like a breakdown in communication between departments—leads to harm, the hospital can be held accountable.
4. Negligence by Non-Physician Staff
If the error was made by an employee of the hospital, like a nurse, anesthesiologist, or technician, the hospital could be directly liable. For instance, if a nurse administers the wrong dosage of medication or monitors a patient improperly, the responsibility often falls on the hospital itself.
5. Apparent Agency
Even if a physician is technically an independent contractor, a hospital may still be held liable if patients reasonably assume that the physician is a hospital employee. For this “apparent agency” to apply, the hospital’s branding, advertising, or other circumstances must make it seem as though the physician works for the hospital.
Legal Considerations for Suing a Hospital
Pursuing a lawsuit against a hospital is different from suing an individual physician. Hospitals often have legal teams ready to defend against claims, so having a clear understanding of the process can help you prepare.
1. Understand Your State’s Laws
Like other medical malpractice cases, laws surrounding lawsuits against hospitals vary by state. For example, some states have strict time limits, known as statutes of limitations, on filing claims. Working with a legal professional familiar with your state’s malpractice laws is invaluable.
2. Prove Negligence
To hold a hospital accountable, you’ll need to prove that their negligence caused your harm. This could involve showing there was a breach in the hospital’s duty of care, such as failing to enforce safety policies or neglecting to address staff misconduct.
3. Gather Evidence
Strong evidence is the backbone of any successful malpractice case. Medical records, staff credentials, communication logs, and expert testimony are just a few examples of evidence you may need to demonstrate the hospital’s negligence.
4. Hire an Experienced Attorney
Medical malpractice cases involving hospitals can be complex. An experienced attorney can help you identify the liable parties, gather the necessary evidence, and build a robust case. They’ll also be familiar with hospital tactics for avoiding liability and know how to counter them effectively.
Why Accountability Matters
Suing a hospital for malpractice isn’t just about seeking compensation for your harm—it’s also about holding institutions accountable. Hospitals play a critical role in patient care, and when they fall short, other patients could be put at risk in the future. By taking action, you’re not only advocating for your own rights but also contributing to broader change within the healthcare system.
Seattle Medical Malpractice Lawyers
In conclusion, understanding the complexities of medical malpractice involving hospitals is essential for patients and their families. If you believe you have a malpractice claim, don't hesitate to reach out to Carpenter & Zuckerman, for expert legal guidance. Our experienced attorneys are ready to assist you in navigating the legal process and ensuring your rights are protected. Contact us today at (425) 585-4009 to discuss your case and explore your options for seeking justice.