Medical malpractices happen every day, and while some of these cases end up going to the bin, most victims choose to follow up on the claims. The dilemma, however, arises when the patient does not know who to sue for the malpractice. Should they sue the hospital or the medical practitioners?
Bureau of Justice Statistics, reports that half of the malpractice claims are against the practitioners. This means most of the times, doctors and other practitioners are individually liable for the mistakes but some go to the health facility. Here are different situations when a victim of medical malpractice can sue the hospital instead of its staff.
As stated in NCBI, The hospital liable for employees’ mistakes when the injuries occur within the scope of employment. In this case, the hospital is a direct employer of the nurse, doctor, paramedics, or technicians. The victims sue them on the basis of respondent superior.
Negligence in hiring
The hospital is responsible for the safety of the patients and should practice this in the hiring process. They should ensure that the people working for them have a necessary credential and the experience needed to handle their duties competently.
Sometimes, an employee may become irresponsible and careless, and this can risk the lives of patients in their care. The hospital may be aware of this but still chooses to retain them. They will, therefore, face a malpractice lawsuit in case this staff risks the life of a patient for being incompetent.
The hospital will not be liable for medical malpractices if they can prove that the person that acted negligently is not their employee. This happens in cases of independent contractors. In this case, the victim will end up suing the doctor or the staff instead of the hospital.