Doctors and nurses may not be the only parties responsible in cases of medical malpractice which occur in a hospital or health care facility where you received treatment. If you were injured as a result of hospital negligence or negligence by a hospital employee, your medical malpractice case may also include the hospital. If someone does something improperly, the hospital could also be held accountable for failure to properly educate its staff, being understaffed, or not caring properly for patient records.
The concept of respondeat superior, Latin for “let the master or superior answer” is the legal theory which may apply. It mandates employers be liable for the negligence of their employees. If you were given the wrong medication, develop an infection due to poor care or receive negligent care, the hospital can be held responsible for your damages. Of course, this is not the complete list of reasons a patient could hold a hospital responsible for harm suffered; and, hospitals often operate on an employer-employee relationship with its nurses and ancillary personnel. Usually, doctors operate as independent contractors, alleviating the hospital of any responsibility for their malpractice. An experienced medical malpractice lawyer will be able to delve into more detail for your individual case.
Including the hospital may not only get you fairer compensation for the resulting medical bills, pain and suffering and lost wages, but may also encourage the hospital to prevent future incidents from happening. Before you do anything else, contact a medical malpractice attorney prepared with the appropriate questions for your case. Your attorney will determine key details, including whether you were treated by a hospital employee or independent contractor, if you can file separate suits against the doctor and hospital, or where to file a suit if you received care out of state. With the proper guidance, you have the opportunity to obtain compensation for the negligent care you received.
Source: Lawyers