Suing a Hospital for Medical Malpractice
Well-known hospitals often have a multitude of cases regarding medical malpractice. When medical malpractice leads to irreparable injury, the patient's next of kin will hold the hospital responsible for any further medical operations that need to take place and more. However, it becomes quite difficult for a layperson to sue the entire hospital for a doctor's negligence because they do not hold themselves responsible. Hospitals are only accountable for the mistakes of their employees, which includes nurses and other similar workers. Not every medical malpractice case will lead you to claim damages from the hospital as an establishment.
Additionally, you also have to keep in mind that not every negligent situation will certify a legal case in the hospital's name. If the said employee is recorded for being negligent and incompetent regarding the patient, the hospital can be held liable if it is proven so. A few factors need to be taken into account when dealing with a negligent employee. The employee has to be engaged in an activity included in their job requirements. If they were acting otherwise, it might become quite difficult to sue the hospital.
There is also a condition where the doctor can be held liable. Suppose the employee, nurse, or healthcare worker was acting under the doctor's supervision or the doctor's commands. In that case, the doctor will be considered responsible and will have to pay damages in terms of the injury done. However, since there is nuance, the commands should come under the garb of two specific situations. For starters, the doctor will be held liable if the action was taken in their presence. Secondly, the doctor should have proper control over the activities taking place.
There are certain situations where you could even hold the doctor responsible. For one, you can hold the hospital liable for the doctor if the hospital is in complete control of the doctor's timings, including the hours that the doctor has to account for to the hospital. Secondly, the hospital should be fully responsible for the doctor's fees and overall pay. This also pertains to the structure with which the doctor will be paid and the relevant vacation hours.
There are certain situations where you will hold the hospital liable even if the doctor is not a complete employee. If the lawyer can prove the doctor was under the hospital's employment or the doctor seems to be employed by the hospital. This means that the required factors are fulfilled. Suppose the doctor keeps an otherwise incompetent staff. It means that the staff is not entirely appropriate to be a part of the team, but the doctor has employed them anyway. It makes the hospital completely responsible for the malpractice of the employee.
COPYRIGHT_WI: Published on https://washingtonindependent.com/suing-a-hospital-for-medical-malpractice/ by Karan Emery on 2022-04-07T03:28:55.902Z
It is essential to keep in mind that if the case is quite severe, it is necessary to hire the right lawyer. A Washington DC medical malpractice practice lawyer will be able to guide you best in this situation because the number of cases they deal with are similar.
About The Authors
Karan Emery - I'm a research scientist interested in learning more about how neural activity influences and shapes human behavior. Project design and management, data analysis and interpretation, and the creation and implementation of testing tools are among my specialties. I enjoy coming up with new ideas and coming up with practical solutions to issues that are widely applicable. My colleagues would describe me as a driven, resourceful individual who maintains a positive, proactive attitude when faced with adversity. Currently, I’m seeking opportunities that will allow me to develop and promote technologies that benefit human health. Specific fields of interest include data analytics, biotechnology, and pharmaceuticals.