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Medical Malpractice – Responsible Parties in Medical Malpractice Actions

Responsible Parties in Medical Malpractice Actions

Medical malpractice liability is not limited to medical doctors. It also can extend to nurses, dentists, osteopaths, health care facilities and others providing health care services, such as nursing homes. If you believe that you have been the victim of malpractice by any health care provider, do not delay in contacting an experienced medical malpractice attorney.

Individual providers: doctors, nurses and other health care professionals

In addition to doctors and surgeons, a variety of other health care professionals, including dentists, psychiatrists, nurses, nurse practitioners, physician’s assistants, chiropractors and alternative medicine providers, can be held liable for medical malpractice. As with a case against a doctor, to be successful in a medical malpractice case against another health care professional, the plaintiff must prove that the provider owed a duty to the plaintiff, that the provider breached that duty by deviating from the acceptable standard of care, that the provider’s breach caused the plaintiff harm and that the plaintiff was injured.

Hospitals

In the context of medical malpractice actions, hospitals can be held directly liable for their own negligence, and can also be held “vicariously” liable for the negligence of their employees. Vicarious liability means a party is held responsible not for its own negligence, but rather for the negligence of another.

Direct hospital negligence

In hiring its medical staff, a hospital must make reasonable inquiries into an applicant’s education, training and licensing. If a hospital fails to make reasonable inquiries regarding a member of its medical staff, it might be held liable under the “corporate negligence” doctrine for negligent supervision or retention if the staff member’s negligent care injures a patient. A hospital might be held liable for its own negligence where, for example, it fails to investigate the credentials of an attending physician before granting him or her privileges at the hospital or where it allows a physician whom it knew, or should have known, was incompetent to treat patients at the hospital.

Hospitals are also required to ensure that there is a sufficient number of registered nurses on duty at all times to maintain quality patient care. A hospital that fails to do so may be held liable for injuries to patients resulting from a nursing shortage. Another area of potential liability arises when a hospital’s employees fail to follow the orders of a patient’s private attending physician. Conversely, if a hospital employee finds a private physician’s treatment plan to be clearly contraindicated, but fails to make a reasonable inquiry of the physician as to the treatment plan, the hospital could also be found liable.

Finally, hospitals may be held liable for failing to protect patients from harm, failing to adequately perform clinical tests, neglecting to keep accurate medical records and not properly admitting and discharging patients. In the area of admissions, hospitals are generally required to treat seriously injured or ill people on an emergency basis, and the refusal to do so may result in hospital liability. Additionally, federal and state statutes prohibit hospitals from refusing to treat or admit people based on their race, color, religion or national origin, or on their inability to pay for treatment.

Vicarious liability

When a hospital employee’s malpractice injures a patient, the hospital itself may be held vicariously liable under the legal doctrine of respondent superior. Under this doctrine, an employer may be held liable for the negligent acts of its employee, if the employee was acting within the scope of his or her employment when the negligent act or omission occurred. This doctrine is important to plaintiffs in medical malpractice cases, because it helps ensure there will be a financially responsible party to compensate an injured plaintiff.

In some situations, health care providers, such as physicians, are considered independent contractors rather than hospital employees, and the doctrine of respondent superior will not apply. What this means is if a doctor or other health care professional is an independent contractor and commits malpractice while treating a patient in a hospital, the hospital cannot be held liable for the doctor’s negligence. However, the hospital can be held liable for its own negligence, for example, in granting attending privileges to an unlicensed or incompetent physician.

HMOs

A number of courts have considered the question of whether health maintenance organizations (HMOs) can be held liable for the negligence of a member physician. Essentially, medical malpractice claims against HMOs proceed under the same theories as cases against hospitals. The first theory is direct negligence — that the HMO is liable for negligent hiring, supervision or retention of its doctors. The second theory is based on vicarious liability, agency or respondent superior. It is important to note that many malpractice claims against HMOs may be subject to pre-emption by state or federal law. These pre-emption provisions are a way to protect HMOs chartered under state law from huge jury awards.

Contact a medical malpractice lawyer

If you or someone you love has been injured as a result of negligent conduct by a health care provider, an experienced medical malpractice attorney can see you through the complicated legal maze of a medical malpractice lawsuit. Contact a medical malpractice attorney today.

Medical Malpractice Resource Links

National Patient Safety Foundation

The NPSF website features information about patient safety.

U.S. Agency for Health Care Research & Quality

Provides information and links about patient safety, tips for patients and other general health information.

Patient Safety

Information about the delivery of safe, high-quality patient care, provided by Joint Commission International.

Medical Liability/Medical Malpractice Laws

A chart summarizing state medical malpractice laws, provided by the National Conference of State Legislatures.

Medical Malpractice News

Medical malpractice news provided by the American Association for Justice.

Medical News Today – Medical Malpractice/Litigation News

Up-to-date medical malpractice news and litigation news articles, including news about lawsuits, legislation, compensation claims, pharmaceutical company disputes and more.

Insurance Information Institute – Medical Malpractice

Information about medical malpractice and insurance.

Tort Law: An Overview

Information and resources about tort law provided by the Legal Information Institute (LII) at the Cornell Law School.

Malpractice Overview

Information and resources about malpractice provided by the Legal Information Institute (LII) at the Cornell Law School.

Return to Main

Medical Malpractice – An Overview

Understanding Informed Consent

Responsible Parties in Medical Malpractice Actions

Proving Your Case – Causation

Damages in Medical Malpractice Cases

Frequently Asked Questions About Medical Malpractice

Medical Malpractice Resource Links

Medical Malpractice Contact Form
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  • Our Team
  • Practice Areas
    • Personal Injury
      • Car Accident
      • Truck Wrecks
      • Motorcycle Accidents
      • Boating Accidents
      • ATV Accidents
      • Dangerous Premises Accidents
      • Wrongful Death
      • Burn Injuries
      • Animal Bites and Attacks
      • Construction Accidents
      • Toxic Injury
      • Railroad Injuries
      • Water Law
      • How to Obtain Your Medical Records
      • Medication Errors
    • Medical Malpractice
      • Misdiagnosis
      • Birth Injury
      • Cerebral Palsy
      • Erb’s Palsy Attorneys
      • Nursing Home Abuse and Neglect
      • Wrong-Site / Wrong-Side Injury
      • How to Obtain Your Medical Records
      • Medication Errors
    • Social Security Disability
      • Social Security Disability Income (SSI)
      • Social Security Disability Income (SSDI)
    • Bankruptcy
      • Chapter 7 Bankruptcy
      • Chapter 13 Bankruptcy
    • Business Law
      • Business and Commercial Litigation
      • Business Organizations
      • Employment Law and Sexual Harassment
      • Insurance Coverage and Bad Faith
      • Business Contracts-Drafting and Disputes
    • Criminal Defense
    • Dangerous Drugs & Medical Devices
      • Invokana Lawsuits
      • Stryker Hip Implant Recall
      • Sorin Heater-Cooler
      • Arkansas Byetta Cancer Lawsuits
      • Depuy Hip Replacement Litigation
      • DMAA Dietary Supplements
      • Fosamax
      • Metal-On-Metal Hip Implants
      • Naturalyte and Granuflo Dialysis Injuries
      • Power Morcellator Injuries
      • Pradaxa
      • Topamax Claims
      • Yaz, Yasmin, Ocella Birth Control Injuries
    • Estate Planning and Probate
    • Family Law
    • Litigation and Appeals
    • Property Issues
      • Construction Litigation
      • Environmental Pollution and Contamination
    • Workers’ Compensation
    • Defective or Unsafe Product
      • 3M Earplug Lawsuits
      • Jeep Liberty Airbag
    • Legal Malpractice
  • About Us
    • The Brad Hendricks Team
    • Case Results
    • Awards & Accolades
    • Referrals
    • Careers
  • Legal FAQs
  • Firm Blog
  • Contact Us
    • Little Rock
    • Conway
    • Fayetteville
    • Texarkana
    • Jonesboro
    • Fort Smith
The Brad Hendricks Law Firm