Hospital Negligence as Medical Malpractice

Posted by on Mar 1, 2014 in Hospital Accidents | 0 comments

According to the website of these Massachusetts personal injury lawyers, medical malpractice is often associated with injuries inflicted by negligent or incompetent medical doctors, nurses, emergency medical technicians (EMTs), and other health care professionals. Such injuries often have dire physical and financial consequences. This is true for both victims and hospitals, as someone has to pay the costs of fixing such mistakes and it obviously should not fall on on the person who was hurt by it.

There are instances, though, where the hospital may also be considered negligent, and may therefore be named in a personal injury lawsuit.

Generally, a hospital has many protections against liability, placing much of the burden on the medical doctors they have on staff. Medical malpractice lawsuits against doctors typically do not include the hospital where the injury actually occurred because the doctor is a consultant, and therefore not an employee of the hospital. Moreover, while the hospital may be named as one of the defendants for the incompetent, careless, or negligent behavior of its employees such as nurses, orderlies, EMTs, and pharmacists, it may still escape liability if the attending physician was present at the time the injury occurred or otherwise had the ability to prevent the negligence from occurring.

On the other hand, the hospital may be held liable for any doctor-related medical malpractice if it can be proven that it does have an employer/employee relationship with the doctor, or if the doctor was clearly incompetent and the hospital still kept him or her on staff. A hospital may also be liable for medical malpractice when the hospital knew or should have known that a previously competent doctor had for whatever reason ceased to function as usual or turned dangerous to the patients i.e. deteriorating eyesight.

Avoiding allegations of hospital negligence is part and parcel of the rules that regulate the healthcare industry, which is highly complex and subject to interpretation when it comes to litigation. If you believe that the hospital is part of the reason why you sustained a preventable injury while confined or under the care of hospital staff, you should consult with Houston personal injury lawyers with experience in medical malpractice and hospital negligence. Your injuries are not your fault and you should not have to suffer further because someone else failed in their duties, responsibilities, or obligations.

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