If a hospital provides you with the incorrect treatment, their personnel makes the incorrect decision, or a loved one dies while in their care, you may be able to sue. Although medical staff may have committed the error, the institution is liable for its workers and training.
On the other hand, if the doctor who hurt you is an independent contractor of the hospital (as many are), and their acts are the only cause of your injuries, you may be unable to sue the hospital.
- Reasons for Suing a Hospital
You have the option of filing a lawsuit against a hospital for injuries sustained as a consequence of issues such as:
- Medical professionals’ incorrect diagnoses or treatment
- You were given the incorrect medicine.
- Surgical blunders (surgical instruments being left inside you during surgery, etc.)
- The “standard of care” was not met.
- A healthcare professional’s carelessness
- Dangerous or negligent hospital staff activities (reusing equipment or needles, leaving floors wet, stealing or abusing medications)
- Unjust death of a family member
- Suing a Hospital Is Not the Same as Other Medical Malpractice Cases
You can sue a hospital even if the doctor is an employee or a contractor in specific instances. This might apply when:
- The hospital does not explicitly state that the doctor is not an employee (this is usually explained to you on the admission forms)
- You went to the ER but did not have the time or capacity to complete papers.
- The hospital provides inadequate training or hires hospital personnel.
- Employees with behavioral concerns are retained by the hospital (like substance abuse problems)
The problematic issue is that you may be suing a doctor, but you are actually suing the hospital where they work. It actually goes one level higher than that.
In exceptional situations, a doctor’s license may be revoked, or they may be imprisoned. Alternatively, a hospital might be closed down. However, you are typically suing their insurance company for compensation for your suffering. This may seem unusual, but you are entitled to compensation for your pain and suffering, and it assists insurance companies determine which doctors are making mistakes. They can either refuse to insure the doctor and prevent them from practicing or make the doctor pay more for their insurance.
You are entitled to compensation regardless of the outcome. Extra physical or mental anguish ought to be compensated.
- Should I Not Sue My Doctor?
You may believe that since your doctor made a mistake, such as a misdiagnosis, you should sue your doctor. This will be determined by a number of things, including:
- Is your doctor a full-time employee or a freelancer?
- Was the error caused by nurses, medical techs, maintenance, or another hospital employee?
- Was the therapy developed by the doctor and then implemented by the rest of the staff?
If an independent contractor commits the mistake, you must file a medical malpractice lawsuit against them. If they are a genuine hospital employee who committed medical negligence, you may be able to file a medical malpractice claim against the institution.
Doctors are more likely to be “self-employed” and merely contract at a hospital. They will be required to have their own malpractice insurance, which means you will have to fight their insurance company in court.
It may be feasible to demonstrate that the hospital is treating the contracted doctor as an employee and is thus also liable for your injuries. Perhaps the hospital selected the doctor’s price or hours. Attorney Wayne Resmini can assist you in making that difference and determining whether or not the hospital is accountable. Contact now for your free case consultation!