One of the fundamental issues in hospital negligence cases is to find out which party caused the injury or harm to the patient. There are some instances of hospital negligence that are attributable mainly to the negligence or even wrongful act of a hospital employee.
There are also instances that involve hospital procedures or protocols. This would involve corporate negligence on the part of the hospital. If you or a family member have suffered injuries from hospital negligence, you might want to ask Tommy Hastings or a reputable law firm near you for legal help. Here are some of your options for hospital negligence.
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What Qualifies As Hospital Negligence?
The hospital can still be held liable regardless of the negligence of individuals involved if the following elements are present and proved:
- The patient sought care from the hospital. This imposes on the hospital a duty to take care of the patient.
- The hospital and/or their employees breached the standard of care required in the patient’s situation.
- The hospital or its employees’ negligent conduct caused the resulting injury to the patient.
What Are The Options For The Victims?
- Sue The Hospital For Negligence
The first option for a patient who was the victim or casualty of a hospital’s negligence is to sue the hospital. If the injury suffered by the patient is due to the negligence of one or more of the hospital’s employees, there’s no doubt that the hospital can be held liable.
The patient should contact an attorney who can sue the hospital. However, the patient’s lawyer must first establish two basic things:
- That the injury was attributable to the negligence of a person or people who have a working relationship with the hospital
- That the person or people are formally employed by the hospital or that there’s an employer-employee work relationship between the hospital and the negligent individual
These are in addition to the basic elements of negligence mentioned earlier.
- Sue The Doctors And Physicians Involved
The alternative is to sue the doctor whose negligence caused the patient’s harm or injuries. This is usually the only option available to the patient when the doctor isn’t an employee of the hospital. Some hospitals have work arrangements with doctors or surgeons who are independent contractors or professional consultants of the hospital.
There are instances when the doctor who attends you has the status of an independent contractor or professional consultant. In this situation, the hospital would be able to set up the defense that they’re not liable because the doctor isn’t one of their employees.
They can say the doctor was working on their own without the supervision or control of the hospital. Thus, the hospital couldn’t be blamed or held liable for the individual negligence of the doctor.
- Sue The Hospital And Debunk Their Defense
The patient also has the option of debunking the defense of the hospital that the doctor who was working as an independent contractor wasn’t their employee. Here are some of the options available to the patient and their lawyer.
- The Hospital Has Control Over A Doctor Who Claims To Be Independent
The patient’s lawyer can say, for instance, that the actual roles, functions, and responsibilities of the doctor are more akin to those of an employee.
They can establish that although the doctor is nominally called an independent contractor, the hospital has sufficient and effective means of control and supervision over the doctor who claims independent status.
- The Doctor Is An ‘Ostensible Agent’ Of The Hospital
There are some jurisdictions in the United States (US) where a hospital can still be held liable for negligence even though the specific doctor or surgeon involved has the status of an independent contractor or consulting professional. The hospital can be held liable under the theory of ‘ostensible agency’.
This requires the patient’s lawyer to prove that, under the specific circumstances of the case, the patient had a reasonable basis to believe that the hospital procedure that ultimately caused their harm or injury was done or rendered by the hospital and its agents.
Death of patient during surgery, no heart rate on ecg monitor, negligence
- The Hospital Knowingly Hired A Doctor Despite Incompetence
There are counter-arguments against a hospital that puts up the defense that the doctor who was negligent wasn’t their employee but was rather an independent contractor.
One way to debunk this defense is if the hospital knew about the doctor’s record of incompetence or surgical errors but allowed such doctors to continue working on their premises.
In this situation, negligence can still be attributed to the hospital, and it can still be held liable for the harm or injury caused to the patient.
For example, if the hospital already knew that a certain doctor had the habit of skipping certain tests or procedures that were part of their protocol, yet they cleared the actions of the said doctor, the hospital could be sued for its negligence.
Conclusion
When a patient goes to a hospital for treatment and something awful happens, the patient should seriously consider seeking legal help. Hospital negligence cases are highly technical and complex to litigate on your own, even though it’s allowed. You should seek help from a highly experienced medical malpractice lawyer in your area to help you.
