Proving Medical Negligence by a Hospital

Hospitals may be liable for negligence or medical malpractice in giving health care services.

Hospitals may be held accountable for the negligence of their employees.

When a hospital employee is negligent, the hospital may be held accountable for the actions of the employee. Nurses, nurses assistants, medical technicians, and paramedics may be employees of a hospital. A patient can file a lawsuit against the hospital if the patient is injured while under the care of the employees of the hospital.

Accountability of Hospitals When an Employee is Negligent

The evidence the complainant would have to present  is determined by whether the negligent action is associated with professional medical care or a non-medical issue. A medical malpractice lawsuit can be filed when the case is associated with professional medical care, such as medication being administered by a nurse. Medical malpractice lawsuits are complicated and would normally involve a statement from a competent medical professional to provide proof of accountability.

Doctors Are Not Normally Considered as Employees of the Hospital

The hospital is not normally accountable for medical malpractice due to the action of a doctor since the majority of doctors are considered to be independent service providers. The relationship of the doctor with the hospital will determine whether the doctor is considered an employee of a hospital. The following situations may give indications of whether the hospital is an employer of the doctor:

  • The working hours of the doctor and vacation period is determined by the hospital.
  • The doctor’s fees are determined by the hospital.

The court may determine whether the doctor is an employee of the hospital if the relationship is uncertain. The hospital can be the defendant of a medical malpractice lawsuit if the doctor is considered an employee of the hospital.

Providing Evidence That an Inept Doctor Was Given Hospital Privileges

Hospitals are held accountable by several states when an inept doctor is provided hospital privileges. The hospital is also held accountable when it is aware that a doctor’s competence has become questionable. Evidence is needed that an appropriate screening process was not followed by the hospital and that the hospital was aware the doctor was inept before it provided employee privileges to the doctor.

Proving the medical negligence of a hospital is a complicated process and requires detailed and accurate documentation. If you or a loved one is a victim of a hospital employee’s negligence, consult with Zevan and Davidson Law Firm at (314) 588-7200 for a free consultation.

Photo credit: Tristan Bowersox via Flickr

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