Suffering unnecessary harm in the course of receiving care at a hospital is potentially grounds for a medical malpractice lawsuit, but it does not always mean that the hospital itself is a defendant. Only under certain circumstances does a medical malpractice suit involve the hospital. It depends on the nature of its business relationship with the parties directly harmed and any negligence on the part of the hospital.
If you suspect that your malpractice concerns may involve the hospital where you received care, be sure to look carefully at all sides of the experience through the eyes of the law. A poorly constructed claim wastes resources and opportunity while offering little in the way of protections for your rights.
Was the hospital negligent with personnel?
It is not always to easy to understand how a hospital works or where responsibility falls in an instance of malpractice. Hospitals provide the venue for a physician to offer treatment, but may not hold responsibility for the individual actions of doctors and other medical care providers who serve in the facility, if they are not employees of the hospital.
However, not just anyone may treat patients in a hospital. It must first approve of a medical care provider and perform the due diligence necessary to make sure that all candidates it allows to practice properly represent themselves, their training and their license to practice. If a doctor performs treatment he or she is not licensed to perform, or if a doctor misrepresents him- or herself and does not have the proper training to perform certain treatment, then the hospital may face liability for not conducting proper background research.
It is also possible for a hospital to face liability for negligence if it allows doctors or other care providers to continue to practice when they cannot do so because of age, or declining mental and physical ability. Similarly, a doctor who allows consumption of controlled substances to compromise his or her work may create liability for the hospital, if it has reason to believe that the doctor's behavior compromises his or her work and does notthing to remedy the situation.
Is the responsible party an employee?
Many hospitals limit the number of employees they employ because it limits their liability. However, if the doctor or care provider who caused your injury is an employee, then the hospital may hold liability for your harm as an employer.
Consider all sides of your own medical malpractice issue in great detail as you build your claim. The more carefully you assemble your claim, the greater your chances of recovering fair compensation and keeping your rights and priorities safe while you recover.