When You Can Typically Sue a Hospital for Your Doctor’s Medical Malpractice

Medical Malpractice Lawyer

You trust your doctor to take the best care of you in your time of need, so when you’re injured because of the doctor’s negligence, you might face a whole range of emotions. With additional medical costs, emotional stress and other costs that result, you may want to consider suing for medical malpractice. While it might be obvious you can sue the doctor, can you sue the hospital as well? The following will help you understand when suing the hospital is typically an option.

The Doctor Is a Hospital Employee

Most doctors contract their work to the hospital, so they’re not actually hospital employees. Because of this, you generally can’t sue the hospital when a doctor makes a mistake. There are some instances in which the doctor is an employee; however, so you should be sure you know whether or not the hospital actually employs him or her before trying to sue. If your doctor’s work and vacation hours are controlled by the hospital and/or the hospital controls the rates the doctor can charge, that’s more than likely a hospital-employed doctor.

The Doctor Isn’t Clear on Being Independently Contracted

If you are under the impression your doctor is an employee of the hospital, rather than an independent contractor, you may have a case for medical malpractice against the hospital. Most hospitals go to great lengths to inform patients of the doctor’s contracted status to avoid these types of situations, but there are some that fall through the cracks. If any hospital staff or documentation made you think the doctor was an employee there, speak with a medical malpractice lawyer to see if you have a case against that hospital.

You Were Treated in the Emergency Room

Most ER patients don’t have the opportunity to learn of the doctor’s employment status. They are rushed in to get treated in a quick, life-saving manner. In that situation, the hospital may not be able to ensure the patient knows the doctor is independently contracted with them, so the patient could go after the hospital if the doctor messes up.

The Hospital Gave an Incompetent Doctor Staff Privileges

If the hospital you were treated at had a past with a certain doctor and knows him or her to be incompetent, but kept that doctor on with staff privileges anyway, the hospital is typically responsible for your doctor-induced injuries. This could happen when a doctor has an addiction that impairs judgment, but hospital management looked the other way when they were informed.

Contacting Your Lawyer

If you were the victim of medical malpractice and want more information about who you can sue, contact your medical malpractice lawyer today.

Resource: Medical Malpractice Lawyer Charlottesville, VA, MartinWren, P.C.

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