Medical practice occurs when a healthcare provider’s care falls below the standard. There is an accepted standard that is based on the healthcare provider speciality and geographic region, providing care that is below that standard is considered negligent. Healthcare providers such as doctors, physical therapists and nurses are often the ones are held liable for medical malpractice but there are terms in the hospital itself is held responsible.
Hospitals liability for the negligence of its employees is not a well-known concept however your medical malpractice lawyer should understand this concept, the legal concept of vicarious liability which is used to hold them lawyers liable for negligent act of their employers can be used to hold the hospital accountable for the negligence caused by their physicians, nurses, physical therapists, regional therapists and other healthcare providers employed by the hospital.
If the individual employed by the hospital was completing work related duties when the malpractice occurred then the hospital was going to be held liable for negligent acts of its employee. Some common medical errors the hospital may be held liable for are things such as a monitor failing, failing to monitor their patient properly, failing to take patient’s vital signs one of propria, failing to consult the patient’s record for important information, administering the wrong type of medication or the wrong dose, making a surgical error, failure to properly diagnose a patient, failure to respond to a patient’s call for help, failing to check on bedridden patients for bedsores and to ensure that patients who are bedridden are periodically rotated.
But there are healthcare providers who are not employees of the hospital that they work at. So while hospitals can be held liable when the employees are negligence, many hospital workers are not actually employees of the hospital. Many doctors are actually independent contractors, they may work in more than one hospital and in their own practice. So even if medical malpractice occurred at the hospital the hospital itself may be off the hook when a healthcare provider is an independent contractor.
Determining whether the hospital is the employer of the doctor depends on the extent of control the hospital had ever this person, some such things to look at could be whether the hospital determines the fees the doctor in charge, the hospital excises significant role the health care payment, the hospital controls the doctors working hours and excises control over the health care provider’s job conditions.
If none of these things are meant, the most likely that Dr. is a contractor. If a hospital employee commits medical malpractice in the non-employee doctors supervising, the doctor may be the only one held legally responsible for the malpractice.
A medical malpractice lawyer Memphis TN residents count on should be honest, experienced, and determined to fight for you every step of the way. Without these things, you might not get the compensation you rightfully deserve.
Memphis medical malpractice lawyer Darrell Castle & Associates brings compassionate support and decades of experience to the table. We have a zealous passion for getting justice for personal injuries. And we’ve built an astounding reputation that cannot be ignored.
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