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Hospital Medical Malpractice

Can a Patient Sue a Hospital for Negligence?

According to a Johns Hopkins University study released in 2016, medical errors are the third leading cause of death, after heart disease and cancer, claiming at least 251,454 lives annually. The numbers are even higher for injuries, many of which are potentially life-altering. If you are injured while receiving medical treatment in a hospital, you may be able to sue the hospital, depending on the circumstances.

Hospital Employees

If your injury was caused by a healthcare professional employed by the hospital you are admitted to, the hospital is usually liable for the actions of that employee and any injuries you sustain due to their negligence. For example, if a registered nurse employed by the hospital administers the wrong medication, resulting in harm to the patient, the hospital can be held liable for that mistake.

If the hospital employee acts negligently while under the supervision of a doctor, you may be able to sue the doctor. However, this could mean that the hospital bears no responsibility. If, for example, a surgeon leaves a medical instrument or sponge in a patient due to a nurse’s miscount, the surgeon is liable for this error.

Non-Employee Doctors

Doctors who are not employed by a hospital are known as independent contractors, which usually means that the hospital cannot be held liable for their actions, even if the medical malpractice occurred in their facility. However, there are some exceptions to this.

If the hospital fails to clarify that the doctor is not their employee, you can sue the hospital for the doctor’s malpractice. If the malpractice occurred in the emergency room, the hospital generally does not have a chance to inform the patient of a doctor’s status and, therefore, cannot be sued for the negligence of an independent contractor.

Miami Medical Malpractice Attorney

At Freidin Brown, P.A., we have 100 years of combined experience and have tried over 300 cases in front of a jury. Our firm also has a proven track record of success with over 20 verdicts resulting in excess of $1 million worth of compensation on behalf of our clients. We handle a wide range of medical malpractice cases, such as anesthesia errors, nursing errors, misdiagnosis, birth injuries, prescription errors, and more. Health care providers are obligated to treat patients according to a standard of care and, when they fail to do so, you have a right to hold them responsible for their actions.

Call us today for a free consultation at (888) 650-0918.

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