When you experience medical malpractice, it isn’t always the doctor’s fault. There are larger systems at play in your healthcare, including the office or hospital where you received care. Here is what is considered hospital negligence.
While many people think of medical malpractice as directly relating to the offending physician, there is more at stake in the situation. The hospital that employs, trains, and utilizes this staff member is also at fault for allowing such negligence to occur undetected. However, to avoid this legal connection, many hospitals hire their staff as independent contractors responsible for their own mistakes. It is always best to dig deeper into the professional relationship between the negligent physician and their employer to see whether the hospital is also at fault.
While it is crucial to understand the nitty-gritty of the employment contract between doctor and hospital, a patient may not know that at the time. Many hospitals disclose this information to patients before their visits and include it in their sign-in forms. However, the situation is much different for emergency visits. When your health is on the line, and you need medical attention fast, there is no time for waivers and signatures. In these situations, you do not consent to a particular staff member and learn about their legal relationship with the hospital. In these cases, the hospital bears more responsibility for malpractice since the patient did not technically agree to the terms beforehand.
The hospital is responsible for hiring and maintaining its staff. Patients have little say in who a hospital hires and assigns to their care, especially in emergency situations. When a hospital negligently employs an incompetent or even dangerous physician, they open their patients up to significant risk. If the doctor lacks the proper credentials, abuses substances while working, or repeatedly administers negligent, substandard medical care, the hospital should know about it.
Knowing what is considered hospital negligence can help you make the best decision about the malpractice you or a loved one experienced. If you have any questions about medical malpractice, reach out to our hospital negligence attorneys at Rossman Law Group today.