Can I Sue a Hospital for My Injuries?

Medical mistakes often occur in hospital settings. The most common example is when a patient goes to the hospital for emergency medical care or to undergo a surgical procedure. Mothers use hospitals to deliver newborns which can result in birth injuries. Many people see their physicians at the hospitals. Hospitals also provide a variety of laboratory tests such as MRIs and CT scans.

Whenever a doctor, nurse, medical technician, or other health-care provider makes a mistake in a hospital setting, the health provider is the person who is primarily liable. In some cases, if the health provider is liable, then the hospital may be liable too.

Hospital responsibility for the actions of their employees

Under a doctrine known as “respondeat superior,” employers are vicariously liable for the negligence conduct of their employees. If a doctor is employed by a hospital and that doctor makes a mistake during surgery that injures a patient, then the patient can sue both the doctor/employee and the hospital/employer.

In most hospitals, the hospital employs the nurses, lab technicians, and other supporting health providers.

Many doctors though are not employed by a hospital. Generally, a hospital allows a doctor to use the hospital to meet with patients and to perform surgeries – but allowance doesn’t mean employment. The general test for employment is whether the hospital can control the times the doctor works, the types of patients, which patients the doctor sees, when the doctor can use the hospital, how the doctor is paid, and other factors that indicate the hospital controls the doctor’s work schedule and performance.

Most doctors have hospital staff privileges, but they work independently from the hospital

The issue of whether a hospital is liable gets more complicated if a hospital employee, such as a registered nurse, commits medical malpractice. The question of liability generally depends on whether the doctor controlled the nurse’s performance. Generally, during a surgery, the doctor does control the nurse’s performance which means the patient files a claim against the doctor for medical malpractice. If the nurse commits medical errors outside of the surgery, then the hospital may also be liable for the nurse’s errors.

Other reasons hospitals may be liable for medical malpractice

Hospitals can be held directly liable if their negligence causes medical harm. Examples of direct negligence include:

• Failing to establish proper safety protocols for everyone in the hospital such as hand-washing requirements, keeping surgical equipment sanitized, and preventing patients from falling
• Not having enough staff or the right staff for the medical practices the hospital provides
• Not reviewing complaints about the performance of doctors and staff
• Not properly checking the backgrounds of the people the hospitals do hire

At Bailey & Greer, PLLC, our Little Rock medical malpractice lawyers work to hold everyone accountable who is liable for your medical injuries. Most cases begin with holding the physicians accountable. Hospitals, laboratories, pharmacies, and others may also be liable. We demand compensation for your physical pain, emotional suffering, medical expenses, and lost wages. We also file wrongful death actions. Call us at 501-213-1512 or fill out our contact form to discuss your medical malpractice claim.

Frequently Asked Questions

• How Common Are Operating Room (OR) Fires?
• What Is an Adverse Drug Event?
• What Are “Never Events?”
• What Are the Most Common Medical Malpractice Errors?