Medical malpractice happens when a health care provider or professional disregards the provision of suitable treatment, fails to take suitable action, or provides a substandard treatment that causes injury, harm, or death to a patient. The negligence or malpractice usually involves a medical error, which could be in aftercare, treatment, health management, medication dosage, or diagnosis. The law on medical malpractice allows patients to receive compensation for any harm resulting from substandard treatment.
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Can a Hospital be Sued for Medical Malpractice?
Often, when a patient is injured through medical practice, they sue the doctor responsible, although they may sometimes sue the hospital. A hospital is liable for malpractice by its employees, which often excludes most doctors, but there are instances where a hospital may be sued for a doctor’s malpractice. Generally, a hospital is liable for malpractice committed by other health care providers, such as technicians, anesthesiologists, and nurses. This is due to these professionals being directly employed by the hospital.
If you are a victim of medical malpractice, you can hire a Chicago medical malpractice lawyer to help you. Hospital liability is presumed on the notion of responded at superior or vicarious liability. This holds the entity accountable for incompetent or careless actions by its employees when dispatching their duties, despite the entity not acting incompetently or carelessly. The plaintiff would have to prove that the employee was within their employment status when the medical malpractice occurred. Usually, this is easy to determine unless the doctor not employed by the hospital was overseeing the hospital employee. In such a case, the hospital may not be held liable if the doctor was present at the time of the malpractice and could have stopped it.
When is a Doctor Liable for Medical Malpractice?
Often, doctors working at a hospital are autonomous contractors instead of employees. Therefore, the hospital cannot be held accountable for the doctor’s negligence. The hospital cannot be held accountable exclusively because the medical malpractice happened on its premises. A doctor affiliated with the hospital does not have to be an employee.
A doctor may be a hospital employee if the hospital has significant control over how and when the doctor practices medicine. For instance, a doctor may be an employee if they are required to work on a particular hospital schedule or give him a specific amount of vacation time annually. If the hospital determines the fees charged by the doctor, they are considered an employee. Any terminology applied by the hospital or doctor in explaining their relationship usually does not affect whether the doctor is an employee or a contractor.
If an incompetent doctor practices medicine at a hospital with full knowledge of the hospital administration, they can be sued for malpractice despite the doctor being an independent contractor. Hospitals should discontinue the services of doctors who become incompetent, for example, a doctor who develops a mental condition or an alcohol problem that compromises their practicing ability.
If you’ve been injured or harmed from medical malpractice, see a Chicago medical malpractice lawyer help you initiate a lawsuit against the responsible party.