We are often asked, “are hospitals liable for malpractice?” Medical malpractice occurs when a health care professional fails to do their duty, resulting in an injury. Doctors, nurses, and occupational therapists can all be held responsible, but did you know hospitals can be held accountable under certain circumstances too? This blog will discuss the liabilities of hospitals and what to do if you’ve suffered neglect from a healthcare provider.
Hospital liability can be divided into two categories: negligence of their employees and their own negligence. Hospital liability is based on vicarious liability, which means an entity is accountable for incompetent actions by its employees within their own duties, even if the entity didn’t act incompetently.
This means a hospital can be held responsible for medical malpractice committed by its healthcare employees. They can also be liable for harm resulting from their own administration mistakes. For example, a hospital could be at fault for hiring and supervising employees or failing to improve its own facility.
Negligence of Employees
It’s quite often that doctors who work in hospitals are independent contractors, meaning the hospitals may not be held liable for these workers’ negligent actions. However, it may be possible to hold a hospital accountable for negligence conducted by other healthcare workers like nurses, therapists, and physicians responsible for malpractice.
Some of the most common causes of negligence caused by employees in the hospital fall into the following categories:
- Incorrect treatment of a medical condition
- Birth injuries
- Medication errors
Hospital’s Own Negligence
Direct hospital negligence is based more on administrative problems. This includes the failure to terminate negligent employees, a failure to establish a safe environment for their patients and employees, and a failure to ensure all of their employee’s licenses are up to date. A hospital can even be held liable for understaffing medical personnel.
Contact Our Office Today
Are hospitals liable for malpractice? They are, and we can help. If you feel as if a hospital is liable for injuries you’ve sustained, you may be eligible to file a claim. One of our qualified medical malpractice attorneys can help you navigate the complexities of filing a claim. In the state of Missouri, a person is able to file a medical malpractice claim within 2 years of the initial injury.
If you’re considering filing a claim, contact the Dempsey Kingsland Osteen team at (816) 484-3776 or fill out this form on our website for a consultation.