Schmidt, Sethi & Akmajian Blog

When is a Hospital Responsible for Medical Malpractice?

Posted by Dev Sethi | Apr 16, 2014 | 0 Comments

If you have experienced medical malpractice, you may be wondering who to sue? You may want to go after the doctor that is specifically responsible for the malpractice, or you may want to sue the hospital as a whole. You can sue the hospital for malpractice if you are targeting a specific employee's actions. For example, if an employee hurts a patient by acting incompetently, then the hospital can be held responsible. This includes nurses, paramedics, and technicians working in the medical facility where you were treated.

Interestingly enough, most doctors need to be targeted directly for a medical malpractice lawsuit. Doctors are only considered hospital employees if they are actually hired to work by the hospital. Most doctors tend to be independent contractors and therefore the hospital cannot be responsible for their acts of malpractice. Also, a doctor can be targeted if a nurse or technician makes a mistake but the doctor was present when the mistake occurred. If the doctor had the control to stop the incident from occurring, but failed to do so, then he or she may still be held liable for the accident.

Hospitals can also be held liable if they continue to keep a dangerous or malpracticing physician on staff. This is because it is constantly putting patients in danger to keep malpracticing doctors working in the hospital.

About the Author

Dev Sethi

Dev Sethi litigates and tries a wide-range of complex injury and death cases throughout Arizona. He has Martindale Hubbell's highest rating, AV, and he is listed in "Best Lawyers." Dev is also recognized as an Arizona Super Lawyer in the area of plaintiff's products liability litigation.Dev has been at the forefront of auto product defect litigation. He played a key role in uncovering the Goodyear Load Range E tire scandal and worked to hold Ford Motor Company responsible for the danger posed by their now notorious 15-passenger vans. Dev is currently representing families in product liability suits against the nation's largest corporations including General Motors, Ford, Pentair Pools and Invacare.


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