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When Is The Hospital Liable For Medical Malpractice?

It can be tricky to know who is directly at fault for a medical malpractice incident. Here’s how to know when it’s the hospital’s fault.

When an incident of medical malpractice occurs, you may automatically think that the hospital is at fault. Surprisingly, however, the blame does not always fall on the hospital itself. Here is how to know when the hospital is liable for medical malpractice.

Independent Contractors

Often times, doctors and surgeons aren’t actual employees at a hospital. Rather, they are independent contractors that happened to be working out of that hospital at the time. If an independent contractor is negligent and makes a mistake, the fault falls on them, not the hospital. However, this also depends on how much control the hospital has over that doctor’s job and performance. Lawyers will typically look at the contracts between the hospital and the independent contractor to determine if that contractor was more like an employee. The more control the hospital has over that doctor’s job, the higher the chance of the court ruling that the contractor was in fact an employee.  

Hospital Negligence

There are generally two common ways that put the hospital at fault for medical malpractice. The first is when the hospital itself is negligent.  Here are some examples of hospital negligence:

  • The hospital failing to ensure that its employees are licensed, competent, and safe
  • Failure to establish safety protocol such as rules for sanitation, administering medication, and hand washing
  • Understaffing
  • Failure to ensure the safety of the patient (leading to things like slip and falls)

Employee Negligence

The second way that the hospital will be held accountable for medical malpractice is if one of their employees is negligent and makes a mistake. This could be a physician or a nurse. The negligence of a physician typically falls into four categories:

  • Misdiagnosis
  • Negligence that impacts pregnancy or childbirth, leading to birth injury
  • Mistakes in prescribing/administering medication
  • Surgical Errors

 

People may not always think to sue the nurse, but they can be responsible for negligent injuries as well. Here are some examples of nursing negligence

  • Failure to monitor vital signs
  • Administering the wrong medication or dosage
  • Failure to properly enter data on the patient’s chart
  • Failure to report any changes in patient symptoms

Have You or Your Loved One Been A Victim Of Medical Malpractice? Contact The Snyder Law Group Today

The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents and have secured hundreds of millions in verdicts settlements*. Give us a call at (410)-843-3476 for a free case evaluation. You can also visit our website www.410thefirm.com and follow us on Facebook, Twitter, Google +, and LinkedIn for more information.

This entry was posted on Friday, June 1st, 2018 at 3:29 pm. Both comments and pings are currently closed.

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