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Determining Hospital Negligence

Posted by on Aug 2, 2016

When somebody gets sick or needs immediate treatment, the best place to go is the hospital. The people working in these facilities are trained to attend to patients requiring medical attention. They have the resources and equipment that caters to every needs of the individual. However, if the hospital fails to deliver adequate care to the patient, the patient could be seriously harmed or even get killed. According to the website of Karlin, Fleisher & Falkenberg, LLC, hospital negligence is tantamount to malpractice.

Hospital employees such as nurses, technicians, medical technologists, and other personnel who deal with patients are responsible for providing the best treatment. If the patient gets hurt, the medical personnel who attended to them could have some liability for their negligence. In the case of doctors, hospitals are usually not liable for the medical malpractice of doctor due to the fact that they are just independent contractors.

However, if the doctor is an employee of the hospital and a patient gets injured, then they will be held liable for whatever happens to the patient. In most cases, hospitals will try to bail themselves out of the liability by saying that the doctor is their employee. There are certain instances a doctor can be considered as hospital employees and here are two examples:

  • The working hours and vacation time of the doctor is controlled by the hospital
  • The hospital sets the fees that the doctors will charge

In addition, a hospital employee who commits malpractice while being supervised by a doctor, the latter can be sued for medical malpractice but the former may be free from liability. The hospital staff is under the supervision of the doctor based on the following:

  • Whether the doctor was present
  • Whether the doctor had control to prevent the negligence

Hospitals can be sued if it maintains the services of an incompetent or dangerous doctor even if they are just an independent contractor.

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