We know that in nearly any matter of negligence, the liable party is the actor—the person who causes harm.
However, regarding medical malpractice cases, there are additional factors that can play a role in negligence and liability. It’s essential to recognize what obligation the facility carries and how they can be subject to a lawsuit when a patient sustains harm.
Medical malpractice lawsuits must consider the doctor-hospital relationship. Before a hospital is liable, the plaintiff must establish the facility’s responsibility to answer for the negligent party and his or her actions. The doctor-hospital relationship calls two factors into question:
- Is the hospital the doctor’s direct employer?
- Is the doctor an independent contractor?
There have been many cases in which the doctor is solely an independent contractor. As such, the doctor is solely responsible for any injuries he or she causes due to negligence. However, in cases where the hospital directly employs the negligent doctor, there may be a link to the oversight and holding the facility accountable.
A hospital is negligent under any condition when the facility holds responsibility for the acting physician. As an employer, hospitals may be liable when they are aware of a doctor’s history of negligence or other problems the physician had in the past.
When disassociation exists, and the doctor has no direct affiliation with the hospital, it may be more challenging to prove that the facility contributed to the negligence. In this case, a patient who suffers harm is more likely to file a lawsuit solely against the physician.
Medical malpractice cases are highly contested and often complicated. You need to recognize what rights you have and how to protect them, especially going up against a physician or facility backed by large insurance companies and legal teams.
At Parker Alexander, our Monroe medical malpractice attorneys have significant experience representing victims of negligence. If your doctor causes you harm, trust our team to safeguard your rights and legal options, representing you in your pursuit of fair compensation and justice.