Being injured while in the care of a healthcare provider is worrying. This makes medical malpractice one of the most sensitive personal injury cases. While the physician in question may have been negligent, in some instances, you may hold the hospital liable for your injuries.
Here are two of them:
If the physician is an employee
Most doctors who treat you in hospitals are independent contractors. If such a doctor injures you, the hospital may distance itself from the case. However, if they are an employee, the hospital may be held responsible. For instance, they may be liable for hiring an incompetent doctor or one with a history of medical malpractice.
Nonetheless, even if a doctor is an independent contractor, a hospital may still be liable for a patient’s injury. For example, if the hospital treats them like an employee – they control their work hours and give them employee benefits.
If the hospital is directly liable for the negligence
If you are injured due to an issue that the hospital has direct control of, such as understaffing, overcrowding, poor scheduling, poor hygiene and so on, you can hold them responsible. For instance, a hospital should ensure the ratio of nurses to patients is reasonable. Failure to do so and a patient is injured, they may be responsible.
Further, a hospital should have enough workers to maintain top-notch hygiene. If you are exposed to a harmful element, suffering injuries, the hospital may be liable.
A significant percentage of medical malpractice cases are against a doctor, nurse or surgeon. However, you may also seek damages from the hospital or both parties. To do this, you may need to obtain more information to build a strong case.