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Medical Malpractice Against a Hospital

Posted on September 23rd, 2019 by Oddo & Babat, P.C.

Many people think that it is impossible to sue a hospital for malpractice, especially one that is a public hospital that receives state funding. While there are cases of malpractice where the hospital is not liable for the mistakes of the patient’s doctor, there are also cases where the hospital does share in liability and can be sued.

Medical malpractice attorneys have extensive experience in handling malpractice cases and getting victims the financial compensation they deserve. The following is a brief overview of medical malpractice. For more detailed information on how we may be able to help you, contact a law office.

Vicarious Liability

Under the legal doctrine of vicarious liability, hospitals are liable for the negligent acts of their employees. This is because the hospital allowed the employee the place and the power to act.

Hospitals are not liable for the acts of independent contractors or guests of the hospital. Most doctors are not hospital employees. They are considered independent contractors who are given privileges at the hospital. Legally, if the doctor has control of his or her own hours and fees, they are not considered a hospital employee.

Who Is a Hospital Employee?

Patients receive care from many medical professionals who are hospital employees and any one of these employees could commit a medical error that results in harm to the patient. These medical professional include nurses, paramedics, pharmacists, and multiple types of medical technicians. If this occurs, then the patient can sue the hospital for medical malpractice.

It is important to remember that just because a doctor is not an employee of a hospital, that doesn’t mean they cannot be sued for malpractice. The recovery of compensation may be less than if the hospital was also named as a liable party, but a victim can prevail.

When You Need an Experienced Medical Malpractice Attorney

Filing a medical malpractice lawsuit against a doctor, hospital, or other medical facility can be overwhelming and even a bit intimidating. This is why having a skilled and seasoned medical malpractice lawyer in Indianapolis, IN representing you can make all the difference. They will work diligently to get you the compensation you may be entitled to.

Thanks to Ward & Ward Law Firm for their insight into medical malpractice and filing a suit against a hospital.

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