Written by Malman Law, reviewed by Steve J. Malman.
Hospitals are meant to be a place that takes care of you when you are sick or injured and they are supposed to make you better. Sadly, this is not always the case. If you have been injured or your illness worsened due to substandard care at a local hospital, you may be wondering what your legal rights are.
Hospitals are required to provide their patients with a standard level of care and when they fail to do so, they can be sued for their negligence. They can be also held directly liable for any actions of their employees.
When a hospital hires staff (including nurses, licensed physicians and other healthcare professionals), they are doing so to provide patients with a standard level of care that is expected in their industry. If that hospital fails to provide that level of care or a staff member within that hospital fails to provide the standard of care, the hospital could be held liable for negligent retention or negligent supervision of their staff. Also, they can be liable for any patient injuries that occur when an employee fails to follow the orders of a patient’s physician.
A hospital is also required to maintain a sufficient number of medical team members on staff at any given time. If patients are injured because of staffing shortages, the hospital is liable.
Lastly, a hospital can be held liable for any injuries that are the result of poor maintenance or dangerous conditions within the hospital itself – such as a patient slipping and falling on a wet floor.
In the instance of medical malpractice, a hospital employee’s injury to a patient could be placed on a hospital under vicarious liability. This legal doctrine allows employers to be held responsible for the actions of their employees. That means that a financially responsible party will be able to compensate the patient for their injuries – whether it is the physician or the hospital itself.
Vicarious liability can be limited in some cases, especially if the hospital is employing independent contractors and medical professionals rather than hiring them as permanent employees. But, a hospital can still be held liable vicariously for any acts or omissions on behalf of their contractors in outpatient facilities and the emergency room.
If you were injured due to a hospital’s negligence, contact an experienced medical malpractice attorney at Malman Law. We can discuss the facts of your case and help determine if you have a valid claim against the hospital or medical professional that caused your injuries. Call us at 888-625-6265 or contact an attorney online to schedule your free consultation.
Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.
Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024
Britany Weaver
View more testimonialsCheryl Wagemann
View more testimonialsElvira G.
View more testimonialsTony S.
View more testimonialsDEVIN JONES
View more testimonialsDevin Jones
View more testimonialsAnnie Ong
View more testimonialsEugenia Cathery
View more testimonialsOmolewa Snyder
View more testimonialsTrevor Harris
View more testimonialsErnest Pitts
View more testimonialsAriel Fleming
View more testimonialsCarmen Rivera
View more testimonialsGreg Gustafson
View more testimonialsMalak St.Clair
View more testimonialsDevri Lott
View more testimonialsAdrian Lopez
View more testimonialsVanessa Leon
View more testimonialsNyah Vuljanic
View more testimonialsJeff Walker
View more testimonialsSteve Acosta
View more testimonialsAdrianna Gomez
View more testimonialsJose Cruz
View more testimonialsMeagan Cruz
View more testimonialsEddie Villarreal
View more testimonialsMadissen Miller
View more testimonialsChristina Ocon
View more testimonialsAdriana Martinez
View more testimonialsVirgil Sanner
View more testimonialsJazlyn Caraballo
View more testimonialsAshley Jenkins
View more testimonialsSchedule a free consultation with one of our experienced lawyers today by filling out the form below or call us at 1 (888) 625-6265