Can I File a Medical Malpractice Suit Against a Hospital?
Medical malpractice lawyer Lynn C. Harris provides representation to those who have been injured while receiving medical care. When a medical professional is negligent in providing treatment and causes injury or harm to a patient, there may be grounds for a medical malpractice lawsuit.
Who is responsible for medical malpractice when it occurs? Can a medical malpractice suit be filed against a hospital? For patients injured in Salt Lake City, UT, Provo, UT, and surrounding areas, the answer depends on the circumstances of each situation, as we'll explore here.
About Medical Malpractice
Medical malpractice occurs when a patient is injured or harmed by the negligence of a medical professional, such as a doctor, nurse, or medical technician.
Some examples of medical malpractice include:
- Failure to diagnose an illness or condition
- Failure to warn a patient of the potential risks of a procedure or treatment
- Providing the wrong treatment, medication, or wrong dosage of a medication
- Failure to provide competent care
When Can a Lawsuit Be Filed Against a Hospital?
A medical malpractice lawsuit can be filed against a hospital when the negligent treatment was provided by an employee of the hospital; this may include nurses, medical technicians, pharmacy technicians, and some doctors.
Hospitals are responsible for all of their employees and can be held liable for damages in the event one or more of their employees are found to have committed of medical malpractice.
When Can't a Lawsuit Be Filed Against a Hospital?
Some medical professionals who work at hospitals are not actually hospital employees but instead are independent contractors. Most of the time, it's doctors who fall into the category of independent contractor.
Because doctors who are independent contractors are not employees of the hospital, the hospital cannot be held liable in the event of medical malpractice. Instead, a medical malpractice lawsuit will need to be filed directly against the negligent doctor.
Hospital Employees Under Doctor Supervision
Another type of situation to note is when a hospital employee under the supervision of a doctor who is an independent contractor acts negligently and harms a patient.
Although the hospital employee is typically the responsibility of the hospital, being under the supervision of a doctor generally shifts the liability to the doctor, meaning that the medical malpractice lawsuit would be filed against the doctor and not the hospital.
Seeking Damages for Medical Malpractice
Reviewing the details of your case with an attorney is vital to determine if medical malpractice occurred and if so, who the lawsuit should be filed against.
Whether filing a medical malpractice lawsuit against a hospital or an individual, patients who are injured by the negligence of a medical professional may be able to recover compensation for their injuries, including damages for pain and suffering, lost wages, and medical expenses.
Contact the Law Offices of Lynn C. Harris
If you live in or around Salt Lake City and would like more information about filing a medical malpractice lawsuit, please call (801) 521-3200 to schedule a private consultation with attorney Lynn C. Harris.