Patients in a hospital or medical clinic setting often think that injuries suffered during their treatment automatically qualify them for medical malpractice damages. This is not always the case. Subjects of medical malpractice claims cannot always be held liable when a patient is made to suffer further injury while being treated.
Of course, if neglect or incompetence is at the root of your injury, there is a strong likelihood that you may have a case of medical malpractice. But when the treatment of an injury occurs in a hospital setting, the hospital is not necessarily at fault in the eyes of the law.
The general rule of thumb is that any harm suffered at the hands of employees of the hospital (orderlies, nurses, EMT personnel) my bring liability for that harm on the hospital.
Patients often believe that doctors that work in hospitals are employees of that facility. . Yes, some doctors are directly employed by the hospital, but many are independent contractors, and as such, patients who suffer injury as a result of neglect or incompetence in that doctor’s care may have to restrict their malpractice claim to the physician in question.
Still, there are times when hospitals may indeed be found liable for damages, even when a doctor is an independent contractor. For instance, when an injury is suffered at the hands of a doctor in an emergency room, the hospital may be legally responsible for damages. Or if a nurse or orderly causes patient harm while under the direct supervision of a doctor (who is an independent contractor) the hospital may be held liable.
And if a doctor is given hospital privileges and is known to be dangerous (or if it can be proven that the hospital should have known the doctor was dangerous or incompetent), the hospital may be held liable for any injuries suffered in care.
Because of the complex set of regulations at work in these kind of cases, it is very important that anyone that finds themselves injured at the hands of a medical professional consult with an experienced medical malpractice lawyer like the attorneys at Bizzieri Law Offices in Chicago. We offer a wealth of experience handling these claims and understand the laws that govern liability surrounding them.
Whether it’s the setting or the practitioner or a specific medication administered in their care, understanding how even small details may have impacted your care is often extremely vital in identifying those at fault and obtaining the full scope of damages involved.
If you have any questions about medical malpractice or bringing a case against a provider or hospital or medical group, call Bizzieri Law Offices in Chicago at 773.881.9000. We can help.