Users' questions

Can a hospital be held responsible for a dangerous doctor?

Can a hospital be held responsible for a dangerous doctor?

A number of states hold the hospital responsible if the facility gives staff privileges to an incompetent or dangerous doctor, even if the doctor is an independent contractor. The hospital can also be responsible if it should have known that a previously safe doctor had become incompetent or dangerous.

Who is liable if a doctor makes a mistake?

However, if a doctor makes a mistake and injures a patient while working in the hospital, the hospital will not be liable for the doctor’s mistake unless the doctor is an employee (which is unlikely — see below).

Can a doctor be an employee of a hospital?

Whether a doctor is a hospital employee depends on the nature of his or her relationship with the facility. Though some doctors are hospital employees, most are not.

Can a patient Sue a hospital for injury?

) Typically, nurses, medical technicians, and support staff are hospital employees. As long as the employee was doing something job-related when he or she caused an injury to a patient, the patient can usually sue the hospital for resulting damages.

Can a hospital be held responsible for medical malpractice?

Non-employee doctors are usually classified as “independent contractors” in the eyes of the law, which means that the hospital cannot be held responsible for the doctor’s medical malpractice, even if the malpractice happened at the facility, and the doctor is officially affiliated with the facility. the hospital sets the fees the doctor can charge.

Who is responsible for my domestic partner’s medical bills?

Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided. Messages or calls may be sent using an autodialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you.

A number of states hold the hospital responsible if the facility gives staff privileges to an incompetent or dangerous doctor, even if the doctor is an independent contractor. The hospital can also be responsible if it should have known that a previously safe doctor had become incompetent or dangerous.

Can a patient Sue a hospital for medical malpractice?

This means that ER patients can often sue the hospital for a doctor’s medical malpractice. There are also a few states that say a hospital can be sued for emergency room malpractice regardless of what the patient believed or was told. (Learn more about medical malpractice during emergencies .)

However, if a doctor makes a mistake and injures a patient while working in the hospital, the hospital will not be liable for the doctor’s mistake unless the doctor is an employee (which is unlikely — see below).

How to make a complaint about a doctor?

To file a complaint about conditions at a hospital (like rooms being too hot or cold, cold food, or poor housekeeping) contact your State department of health services. To file a complaint about your doctor (like unprofessional conduct, incompetent practice, or licensing questions), contact your State medical board.

Can a doctor be sued for medical malpractice?

(To learn about other ways that medical malpractice can occur, see Nolo’s article Medical Malpractice: Types of Doctor & Hospital Errors.) The law does not hold doctors legally responsible for all diagnostic errors. Instead, patients usually must prove three things in order to prevail in a medical malpractice lawsuit based on a wrong diagnosis: