Drivon Turner & Waters,PLC

Can I sue the treating hospital for medical malpractice?

If you have suffered injury or illness at the hands of a physician or other medical professional, you may be able to file a claim for medical malpractice. Medical malpractice generally requires patients to establish medical negligence, causation, and damages. Medical negligence refers to a doctor's failure to adhere to the medical standards when treating a patient by failing to diagnose the patient or failing to properly administer treatment. The patient becomes a victim of medical malpractice if this medical negligence causes them harm or injury that they would not have suffered otherwise.

California residents who are planning to file a medical malpractice claim may mistakenly believe that the only person responsible for their damages is the doctor who treated them. However, it is rare that only one party is responsible for harm to a patient. It is likely that multiple parties were involved in your care and all of them can be listed as defendants in your medical malpractice lawsuit.

One of the most common parties listed in a medical malpractice suit is the hospital where you received care. Hospitals can be vicariously liable for the negligence of their employees, as long as the employees were within the course and scope of their employment when the negligence occurred. However, if the physician is an independent contractor, the hospital cannot be held liable for their negligence.

Hospitals can also be liable for the negligent hiring, supervision, training, or retention of members of their staff. Hospitals are expected to conduct reasonable investigations regarding applicant's education and credentials before granting him or her hospital privileges, even if the applicant is an independent contractor. Failure to do so could result in liability.

Hospitals are also required to have enough medical personnel on staff to ensure that patients receive the best possible care. If a patient is injured due to a shortage of nurses or other staffers, the hospital could be liable.

Physicians, as well as hospitals can be held liable for medical malpractice. Contact a medical malpractice attorney for more information on filing your claim.

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