Hospitals can be held responsible for medical malpractice caused by staff under the doctrine of corporate negligence. Depending on the nature of the relationship between the practitioner and the hospital, the facility’s degree of liability may vary. If a person is employed by a hospital, the facility may be responsible for the doctor’s incompetent actions; however, the hospital might not be liable for malpractice committed by a doctor who isn’t an employee.
Doctors Aren’t Always Employees
Determining a doctor’s employment status depends on the type of relationship the doctor has with the hospital. Some doctors are hired by hospitals, while others are independent contractors, meaning that the hospital isn’t liable for injuries and errors committed by such physicians. Determining employment relationships is reliant on:
* Whether the facility controls the work done by the doctor
* Whether the doctor’s schedule and hours are set by the hospital
* Whether the doctor’s fees are set by the facility
A hospital might have corporate or vicarious liability for a doctor’s medical malpractice.
Vicarious Liability
A hospital can be vicariously liable for an employee’s negligence. If the employee is guilty of malpractice, the victim can receive damages from the doctor and the hospital. However, vicarious liability is dependent on the relationship between the doctor and the facility. If the doctor is an independent contractor or an attending physician, the hospital has no vicarious liability. Exceptions can occur in situations where a staff member’s status can’t be ascertained in an emergency.
Corporate Liability
A hospital may have corporate liability for failure to retain a competent employee. Hospitals are obligated to offer adequate practitioners and services, including the assurance that staff members are trained, competent and in possession of the right credentials. Depending on the doctor’s liability, the relationship between the facility and the practitioner, and the degree of hospital negligence, a victim may be able to recover damages for malpractice.
Lawyers Can Help Malpractice Victims
A medical malpractice lawyer can tell clients about their case’s value, who may be liable, and the possibility of an economic recovery.
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