Can I Sue if a Hospital Acted Negligently?

Monday, October 26, 2015

Can I Sue if a Hospital Acted Negligently?

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.

What is Hospital Negligence?

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.

Considering the Case for Vicarious Liability

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.

Speak with Malman Law Regarding Your Potential Medical Malpractice Claim Today

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.