When a person goes to the hospital for a treatment, procedure, or emergency, they put their trust in the institution and the healthcare professionals who will be attending to them. Instances of medical malpractice are unfortunately all too common and can have a devastating impact on a patient’s life. When malpractice occurs, it raises the essential question of which party should be held liable — whether it is the doctor, nurses, hospital, or another party. Importantly, there are many instances in which a hospital can be held liable for medical errors and negligence.
What is Medical Malpractice?
Healthcare professionals and hospitals have a duty to care for patients in accordance with the accepted standards in the medical profession. Medical malpractice refers to the negligence of a healthcare professional that results in treatment which deviates from the accepted standard of care under the circumstances and causes an injury to the patient. A patient who was harmed by medical malpractice committed by a provider or institution may be entitled to recover for both their economic damages and the pain and suffering they endured.
When is a Hospital Responsible for Medical Malpractice?
Hospitals can be held liable for medical malpractice in cases when their policies, procedures, or staff failed to adhere to the necessary standard of care. There are a wide array of situations that can give rise to medical malpractice or negligence. Specifically, a hospital may be responsible for medical malpractice under the following circumstances:
- Vicarious liability for the actions of employees — Hospitals can be held liable for the negligent actions of their employees under the doctrine of respondeat superior. This can include staff, nurses, medical technicians, and doctors who are employees of the hospital.
- Direct liability for failures of the institution — In some cases, hospitals can be held liable for their own negligence if they failed to provide competent medical care. For instance, if the hospital failed to properly maintain equipment in good working order or supervise staff adequately, the hospital may be legally accountable for any injuries that arose as a result.
- Inadequate staffing — Inadequate staffing can lead to medical malpractice. Understaffing can result in neglect or errors that cause harm to a patient. A hospital may be held liable for any injuries that arise due to a failure to ensure there is enough qualified staff to provide proper care to patients.
- Emergency room errors — A patient who suffered harm as a result of an emergency room mistake, misdiagnosis, failure to provide timely treatment, or medication error may have grounds to bring a medical malpractice lawsuit against the healthcare provider or institution responsible.
- Hospital acquired infections — There are a wide array of infections that can pose a serious risk to patients. If a hospital fails to maintain sanitary conditions or properly sterilize surgical instruments, it may be held liable for any illnesses that were caused as a result.
Not to be confused with medical malpractice, hospitals can also be sued for premises liability matters. Like other property owners, hospitals have a duty of care to ensure safe premises for patients and their visitors. If a hospital failed to address and remedy a hazardous condition on the premises — such as a spill or defect in the flooring — the institution may be held liable for any injuries that arose as a result.
Contact an Experienced New York Medical Malpractice Attorney
If you have suffered an injury due to the malpractice or negligence of a medical provider or hospital, it’s vital to have an attorney who can help ensure they are held responsible. The Edelsteins, Faegenburg & Brown, LLP is a New York personal injury firm that has been fighting for medical malpractice victims since 1937. Handling every case with skill and proficiency, we have a long track record of securing substantial settlements and verdicts. Contact us to schedule a free consultation at (212) 425-1999 today.