Hospitals' Liability in Medical Malpractice Cases

Medical malpractice occurs when a doctor, nurse, hospital or other medical professional is reckless or negligent in their care, an act which causes injury or harm to a patient. Medical professionals are trusted to provide a certain level of care to their patients and also to treat patients efficiently and quickly. But are hospitals held to the same standards as the doctors themselves?
The truth is, hospitals can also be held liable for a patient’s injuries if the doctor, nurse, or medical professional is an employee of that facility and the employee was acting negligently. Medical negligence can mean an action, or in some cases lack of action, on the part of a medical professional which causes injury to the patient. This can include errors in treatment or the failure to properly diagnose or treat a patient. However, hospitals are not always held liable in medical malpractice claims. In some cases, doctors are not actually employees of a hospital, which means that facility may not be sued. Some doctors are independent contractors. Hospitals cannot be held responsible for any injuries caused by an independent contractor.
However, there are some exceptions to the rule. There are some situations when negligence on the part of an independent contractor can still mean the hospital is liable. If the hospital does not make it clear that the doctor is not employed by the facility, the hospital could be held responsible. An exception to this rule is emergency care because it is often not reasonable to expect that the hospital can inform the patient of the doctor’s employment status before emergency treatment is administered. If it is determined that the hospital allowed an incompetent doctor to remain a part of its staff, the hospital could be found liable in that situation as well. A hospital has the obligation to ensure that its doctors are competent and efficient – regardless of whether they are independent contractors or not.
If you or a loved has been injured in New York because medical negligence or a hospital’s negligence, the experienced personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help. One of our clients recovered $23,500,000 after doctors departed from proper medical procedures and allowed a resident to handle the birth of a child and failed to inform the infant’s mother about a urinary tract infection they had tested her for weeks earlier. As a result, the child was born with severe mental retardation and cerebral palsy. If you are a victim of medical negligence, please call us at 1-800-WORK-4-YOU (1-800-967-5496). We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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