When patients sustain injuries while under the care of medical professionals, they can seek compensation for their injuries by filing a medical malpractice claim. However, this is not always straightforward. If your injury occurred in a hospital setting, it is possible that you can hold the facility liable for your injuries, though there are some circumstances in which the hospital might not necessarily be responsible for your injuries, depending on the status of the employee responsible for them.
Hospitals Are Responsible for the Actions of Employees
If the staff member who caused your injuries is employed by the hospital, the hospital is usually liable for the actions of that employee. Generally, this means you can sue the hospital for medical malpractice if a nurse, medical technician, or other support staff member injures you as a result of negligent or careless actions. This is only applicable if the injury occurred while the hospital employee was doing something job-related. For example, if a registered nurse employed by the hospital injects the incorrect medication into your IV, resulting in harm, the hospital might be liable for your injury.
If a doctor was responsible for your injury, it is likely the hospital will not be liable for it. This is due to the fact that, oftentimes, doctors are not hospital employees, but rather independent contractors. This does not mean you will not be able to file a claim. Instead, you will have to sue the doctor that caused your injury rather than the hospital.
Another example in which the hospital might not be responsible for your injuries is if the negligent act occurred while under the supervision of a doctor. For example, if a nurse miscounts sponges under the supervision of a surgeon, which leads the surgeon to leave a sponge in a patient, the hospital might be off the hook for liability.
Of course, there are always exceptions to any rule. If the hospital keeps an incompetent doctor on staff despite knowing of his or her incompetence, you can sue the hospital for your injuries. For example, if the doctor who treated you suffered from a drug problem and the hospital was aware of it and did not seek to rectify it, you might have a viable case against them.
Whatever the circumstances may be, medical malpractice cases have a tendency to be quite complicated, so seek the advice and legal assistance of a skilled medical malpractice attorney before you proceed any further. You do not have to go through this difficult time on your own.
Medical Malpractice Attorney in Columbia
If you sustained injuries due to the negligent actions of a healthcare professional, you need to seek experienced legal representation to fight for the fair and just compensation you deserve. At Kempton & Russell, we have decades of experience in handling medical malpractice cases and treat each claim with the highest level of care, providing individualized solutions.
Contact us at (660) 722-4155 for a free consultation.