Breslin & Breslin, P.A.
medical malpractice & personal injurySuper-Lawyers

How does a hospital commit medical malpractice?

As the venue where you receive medical care, your hospital carries a great deal of responsibility to make sure that you receive the care you need from qualified professionals. If you suffer an injury in a hospital, the hospital itself may be one of the defendants in your claim to address your injuries, depending on the circumstances.

Hospitals do not always face medical malpractice claims, but it is fairly common. If you have any reason to suspect that the hospital where you suffered your injury holds liability, you should consider including it in your claim when the time comes. Be sure to take the necessary time to build a strong claim and give yourself the space to focus on your physical recovery.

Was the hospital negligent?

The hospital is responsible to maintain the facilities and equipment, as well as keep the various wards within the campus sufficiently staffed so that all patients receive the care they need in a reasonable amount of time.

If you suffered your injury because of understaffing, malfunctioning equipment or poor conditions, then it is wise to consider the negligence of the hospital. For instance, some hospitals understaff a particular wing or spread nurses or attendants across too many patients to reduce overhead.

A hospital must also verify that all the individuals they hire have the proper qualifications and credentials to provide care. If they fail to screen out a candidate who misrepresents experience or education, a malpractice suit is probably in order.

Vicarious liability

In most forms of employment, the employer bears some responsibility for the actions of the employee. This is generally established under the legal principle of vicarious liability. Hospitals operate under these rules as well, although they may try and get around them in certain instances.

If the person who injured you or caused your injury works for the hospital as an employee, then the hospital probably holds liability and you should list them as a defendant. However, if the individual works as an independent contractor, as many doctors do, you may have a harder time justifying including the hospital.

Medical malpractice suits are some of the most frustrating to pursue, because you must deal with the ongoing affects of your injury and work to recover while simultaneously fighting for a fair resolution. Be sure to carefully examine all of your legal options to keep yourself and your rights secure as you seek justice for your injuries and losses.

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