Is a Hospital Liable for an Employee’s Negligence?
We visit the doctor and seek emergency medical care for illnesses and injuries. We depend on doctors and nurses to provide us and our loved ones with the best care. Unfortunately, this does not always happen.
Negligence is common among medical staff. Believe it or not, medical malpractice is actually one of the leading causes of death among Americans. Most cases of medical malpractice happen in hospitals. They may involve emergency room errors, surgical errors, birth injuries, misdiagnosis and medication errors.
Medical malpractice can lead to serious injuries and even death. You can file a lawsuit against the liable party and recover compensation for damages, such as medical expenses, lost wages, pain and suffering, loss of inheritance, loss of companionship and other damages, based on the situation.
Medical negligence is usually accidental, but it can be deliberate in some cases. So who exactly can be held liable for damages? Would a victim sue the doctor, hospital or both?
A medical malpractice claim may have multiple parties involved. That’s why these cases are often very complex. It’s not uncommon for two or more parties to share the liability.
Therefore, if the doctor or nurse is negligent and causes harm to a patient, the hospital can actually be held responsible. Hospitals are liable for the actions of their employees, whether it be negligence, recklessness or intentional conduct. Whether a nurse intentionally gives a patient a lethal dose of medication or a surgeon accidentally punctures an organ during a surgical procedure and causes internal bleeding, the hospital is ultimately liable and can be sued for damages. While you can sue solely the doctor, you will likely get a better settlement from a hospital, which has more financial resources.
When Medical Malpractice Leads to Wrongful Death
While many medical malpractice cases are minor, many lead to fatality. So what happens next?
You should still contact a lawyer and prepare for a case. Your lawyer will need to investigate what happened and determine the liability parties. The responsible parties will need to be notified of the lawsuit.
Once notified, the hospital may try to negotiate with you so the case can be settled outside of court. However, if the hospital does not want to negotiate with you or you cannot come to an agreement, the next step will be to file a lawsuit.
A court date will be set. Your lawyer will be prepared with the appropriate document. There will be interrogations to determine the facts of the case and who is at fault. The hospital may try to settle with you at this point or the court may decide. If the judge decides the hospital is at fault, you will be awarded a certain amount of money based on the damages.
Get Legal Help for Your Florida Medical Malpractice Case
Medical malpractice cases are very tricky and complex. You may be able to sue multiple parties, so make sure you understand the procedures and processes.
If your loved one was injured or killed by a doctor’s negligence, the Tampa medical malpractice attorneys at The Pawlowski//Mastrilli Law Group can assist you with filing a lawsuit and obtaining the compensation you deserve. Fill out the online form or call (813) 803-6519 to schedule a consultation.