While it may seem likely that you can sue a hospital for medical malpractice
if you were injured in the building, it is not always the case. In many
instances, hospitals are responsible for the actions of paramedics, nurses,
medical technicians, and other hospital employees, but are not responsible
for the malpractice committed by the doctor. This can cause some confusion
and complicate a medical malpractice case when more than one person failed
to provide a proper standard of care to someone that needed it.
Can I hold a hospital responsible for my injury?
In general, the hospital can be held accountable for medical malpractice
only for their own employees. In general, this is a nurse, technician,
or paramedic. If a doctor is considered an employee of the hospital, then
the hospital can be liable for the injuries they cause. However, most
doctors that work in hospitals are considered to be independent contractors
unless the hospital controls the doctor’s hours or sets the fees
the doctor is able to charge for their work.
There are two instances when a hospital can be sued for a doctor’s
malpractice:
- Hospital did not make it clear that they were not the employer of the doctor
and that the doctor was an independent contractor; or
- An incompetent or dangerous doctor is given privileges to work at a hospital
or keeps their privileges even after they have become known and dangerous.
However, this situation differs if a patient is admitted to an
emergency room. Since the hospital is unable to inform an emergency patient that the
doctor may be an independent contractor, a patient can sue the hospital for
medical malpractice that occurs in these emergency scenarios.
Considering the numerous different ways that fault could be attributed
during a medical malpractice case, it is recommended that anyone seeking
financial compensation for an injury consult with a medical malpractice
attorney. Our Portland lawyer has over 20 years of experience in Oregon
cases and can help you fight to recover what you are owed. Attorney Block
can examine the evidence to determine if the doctor or the hospital can
be at fault for what you suffered and take the appropriate steps to take
action. Give The Law Offices of Patrick L. Block, P.C.
a call today to get started on your claim!