You may not expect it, but there is a lot of medical malpractice out there. Indeed, I don’t think it would be lying if I said every hospital has been sued for medical malpractice. And I also don’t think it would be a lie if I said that every hospital has been found liable for or paid a settlement because of medical malpractice. It is just an unfortunately fact of like, like every car brand has been in a car accident or every airplane has been delayed at one time or another.
But there is something that hospitals do not want you to know that makes medical malpractice cases against them easier. Do you want to know?
Under the common law, or judge-made law, the hospital will be liable for the negligence of its employees. That’s called vicarious liability, or more specifically respondeat superior.
Why is this important?
Because not only can you seek compensation against the doctor who caused your injury at a hospital, but you can actually commence an action against the hospital is the doctor was an employee of the hospital (an attending physician). Even if the doctor had privileges, or the ability to work in the hospital, the hospital can still be liable. This is because the hospital receives a benefit for the doctor being there, i.e., fees for the doctor’s services. The hospital therefore needs to have a burden for that benefit!
You could even not interact with a single hospital employee other than a doctor. Sometimes that doctor is part of a practice operating in a hospital. You go to the entire practice and never see anyone in the hospital. But the hospital can still be liable for the medical malpractice. This is very important because it allows you to hold the hospital liable and recover.
After all, as a victim of medical malpractice your goal is to get compensation for your injuries to attempt to make you whole again. Unfortunately in medical malpractice cases, it is near impossible to make you whole again because this is about your body. You cannot have your body repaired all the time, and some medical malpractice does permanently damage your body.
Holding the hospital liable helps you ensure that the most amount of people and resources is liable for your injuries. After all, the hospital hired the doctor in the first place! If the hospital never hired that doctor, you may never have been hurt!
But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected] You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.