If you have been harmed while receiving medical care in a hospital, you might be considering filing a hospital negligence lawsuit. There are some times where you will able to take this type of legal action — and other times where you will not.
Hospital Employees and Negligence
In most instances, a hospital can be held liable if one of its employees harms a patient due to incompetence. If that employee is not reasonably cautious when providing care, then the patient will likely be able to file a hospital negligence lawsuit. “Employees” are usually considered to be medical professionals such as technicians, nurses and support staff personnel.
There are some instances where a doctor will be considered an employee as well, but this is a fairly rare occurrence. If, for example, a surgeon makes a mistake while working in a particular hospital, that hospital will probably not be liable for that mistake. Likewise, if a hospital employee under that surgeon’s supervision makes a mistake, the hospital will likely escape liability as well. You would probably have to sue the doctor rather than the hospital.
When Is a Doctor a Hospital Employee?
Whether or not a doctor is an employee of a hospital depends on many factors. Most doctors are regarded as independent contractors, and as a result, the hospital in which they work will not be held responsible for malpractice. However, if the hospital controls the doctor’s working hours or sets the fees he or she can charge, then that doctor will be much more likely to be regarded as an employee in the eyes of the law.
As you can see, determining whether or not you can file a hospital negligence lawsuit can be very complicated. The professionals with KBG Injury Law can help you navigate through these complexities and provide the representation you need. Please contact us online or call 717-848-3838 for more information.