Many people assume a hospital is liable when a patient’s physician commits malpractice. This is not always the case. It is common for a physician to not be employed by the hospital. They often have admitting privileges at more than one hospital. These physicians operate as independent contractors.
When a doctor is an independent contractor, a hospital might not be held liable for their actions, depending on the situation. In some cases, the doctor and the medical facility may be liable. Trying to determine if a physician is employed by a particular hospital can be complicated. It is a question you may need an attorney to answer.
Negligence by hospital employees
If it is determined that a physician is an employee of a hospital, the hospital can be held liable for their negligence. For this to happen, the physician must have been performing a job-related function. The patient’s injury must also have been a direct result of the actions of the physician. There are some common types of physician negligence. They include:
- Failing to discover symptoms
- Failing to properly diagnose an injury or illness
- Misdiagnosing an injury or illness
- Failing to order proper testing
- Ignoring or misreading laboratory results
- Performing unnecessary surgery
- Not taking proper patient history
- Ignoring patient history
- Wrong-site surgery or surgical error
- Premature discharge
- Improper medication or dosage
- Poor follow-up or aftercare
If you have evidence to prove any of the above situations, you may very well have a medical malpractice case. But who is your case against?
Determining a physician’s hospital employment
Certain things can be used to determine if a physician is an employee of a hospital. The doctor works for the hospital if they determine the fees they can charge their clients or control their hours, their vacation time, and other factors that your employer would typically handle.
A physician’s employment can also be determined in a court of law. It is also possible for a physician to be treated as if they are an employee of a hospital. This is because the plaintiff involved in a case was led to believe their physician was a hospital employee. Should it be determined that a physician is a hospital employee or can be treated as if they are an employee, the plaintiff will then be able to sue the hospital for medical malpractice.
If you go to the emergency room
Things are different when injured individuals are treated in a hospital’s emergency room. In most cases, the hospital won’t have the chance to tell an emergency room patient if the physician treating them is or is not an employee. This has resulted in many individuals who have been treated in an emergency room having the ability to sue a hospital for malpractice.
There are some places where a patient can sue a hospital for alleged emergency room malpractice no matter what they thought or was told to them concerning a physician’s employment. You’ll need to ask a lawyer what the laws are in your state.
When the hospital is responsible?
In some cases, the hospital will be responsible because they provide privileges to a physician who is dangerous or incompetent. It does not matter if the physician is an independent contractor or an employee if they have a record that could make them a danger to patients. A hospital can also be held liable if a physician who has previously been safe becomes dangerous or incompetent.
If you believe your injury or illness was caused by a doctor’s mistake, it’s in your best interest to have a consultation with a lawyer. If you were injured, you’ll want to speak to a medical malpractice attorney. If your child was injured at birth, you’ll want to talk to a lawyer that specializes in birth injuries. Take a look at this list of things a birth injury lawyer can help with if you need more information.
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