If you are injured in a hospital because of negligence, who is responsible?
When filing a medical malpractice claim it can be difficult to know exactly who is responsible for your injuries and damages. If you’re injured in a hospital does the legal responsibility fall onto the doctor, nurse, or other health care provider, or is the hospital liable?
Hospitals
There are two types of negligence hospitals can be held accountable for. The first is known as hospital negligence, the second is called vicarious liability. In cases of hospital negligence, those in charge of the hospital did not take the proper steps to ensure their staff and the hospital itself are operating up to standards. For instance, an injury that results from an understaffed hospital would be considered hospital negligence. Vicarious liability is when malpractice on the part of a hospital employee injures a patient. The issue with vicarious liability is that not everyone who works in a hospital is an employee.
Independent contractors
In fact, often times doctors are actually independent contractors of the hospital. Nurses, medical technicians, and support staff are generally employees of the hospital, This means that if you injuries are caused by the negligence of a doctor working as an independent contractor, your claim would may be against the doctor directly. Not every case is so clear cut, and there are laws that allow you to sue the hospital even if the doctor is an independent contractor. Any combination of doctors and/or the facility may be liable for injuries caused by medical malpractice. An experienced medical malpractice lawyer will be able to help you determine who is responsible for your injuries and damages.
Need Representation for Your Medical Malpractice Claim? Call 410-THE-FIRM!
The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents, and have secured hundreds of millions in verdicts settlements*. Please visit our website, www.410thefirm.com, for more information and follow us on Facebook, Twitter, Google +, and LinkedIn.