In South Carolina as well as elsewhere in the United States, if a hospital patient is injured as a result of a negligent action or failure to act on the part of a doctor then a claim for medical malpractice may ensue.
In the legal sense, one potential factor of medical malpractice can include the concept of hospital negligence. The two legal theories are distinct from each other, but they are frequently found together in a plaintiff's medical malpractice complaint.
The reason being, often an injury arising from medical malpractice can be traced to more than just one act of negligence at a facility. Many times, by analyzing the facts and the individuals that were connected with events leading to the injury, it is possible to identify additional defendants who -- even though they did not commit the specific act of medical malpractice -- nonetheless share responsibility for the ensuing injury.
For example, a surgical error may happen in part because the hospital was understaffed. Or, if the hospital failed to properly train or supervise its employees and as a result one of them made an error contributing to a patient injury, that failure is also possibly due to negligence on the part of the hospital. A patient may have developed an infection from unsanitary bed sheets, which can be the result of a hospital's failure to properly hire cleaners and store sanitized sheets.
There are many ways in which hospital negligence can be connected to medical malpractice. This post only covers a few of the possibilities. Every claim of negligence in a hospital setting is unique on its own merits and facts, which need to be carefully examined before any decision can be made concerning who should be considered as a potential defendant.