Your Allies Throughout Your Recovery

When is a hospital liable for medical malpractice?

On Behalf of | Jul 17, 2023 | Medical Malpractice

Different parties can be liable for medical malpractice, including the hospital where you were injured. If a hospital fails to give you the appropriate standard of care, you can take action against it for negligence.

Here are three instances when you can hold a hospital liable for medical malpractice:

Poor hiring practices

If a hospital fails to conduct thorough research on a physician before allowing them to offer services on their premises, it may be responsible for their negligence. 

In addition, if a hospital knew or should have known that a physician was incompetent, it may be liable for any injuries that the physician causes. For example, if a doctor has an excessive history of medical malpractice claims and the hospital didn’t bother to check or simply wasn’t concerned, then the hospital may be responsible if that doctor injures you.

Employee negligence 

If an employee injures you while acting within the scope of their employment, the hospital may be held responsible. This is called vicarious liability, which means the fault transfers to the employer because the employer is, in theory, in charge of the employee’s behavior. A hospital employee may be a healthcare provider or an administrative staff member. 

Issues the hospital controls 

You can experience medical malpractice stemming from an issue the hospital controls, too. These include inadequate staff, poor scheduling, poor cleaning practices and poor workflow. The hospital is directly associated with these matters. 

For example, a hospital should hire an appropriate number of nurses to ensure all patients receive quality care. If it fails to do so, the result would be nurse burnout, overcrowded departments, increased waiting time for patients who need emergency services and failures in patient care. If you end up injured as a result, that’s the hospital’s responsibility.

If you experience medical malpractice, it may be best to get legal guidance to determine the appropriate party to hold responsible.