Hospitals in Harrisburg are not always automatically responsible for a doctor’s mistakes. Essentially, it depends on the doctor’s employment status and whether the hospital itself was involved in the negligence. Many physicians with hospital privileges are independent contractors, not employees. That distinction usually decides whether the hospital shares legal responsibility.
However, hospitals can’t avoid accountability when their own mistakes, such as hiring unqualified staff, failing to supervise, or ignoring patient safety rules, cause harm. If you’re unsure whether you have a valid claim against the doctor or the doctor and the hospital, talk to our medical malpractice lawyers at Marzella & Associates in Harrisburg, PA, to better understand your situation.
When Hospitals Are Liable for Doctors’ Errors in Harrisburg
In Pennsylvania, hospitals may face liability under the direct negligence and vicarious liability theories. Direct negligence occurs when the hospital’s own conduct causes harm—for instance, failing to maintain adequate staffing, ignoring infection control procedures, or failing to monitor a doctor known to make errors. Vicarious liability, also known as respondeat superior, applies when an employee physician commits malpractice while performing their duties. If the doctor is a hospital employee, the hospital can be held legally responsible for their actions.
However, most physicians in Harrisburg hospitals are classified as independent contractors. Hospitals use this distinction to argue they are not liable for the doctor’s negligence. But there’s an important exception. If the patient reasonably believed the doctor worked for the hospital, Pennsylvania law may still hold the hospital responsible as an “ostensible agency.” This principle under the law recognizes that patients rarely know whether their doctor is employed directly or independently of the hospital.
Examples of When Hospital Liability May Apply
Imagine a patient in an emergency room suffering from severe chest pain. The doctor fails to order a crucial cardiac test, leading to a fatal heart attack hours later. Even if that physician was technically an independent contractor, the hospital could still be liable if the patient believed they were being treated by hospital staff.
Hospitals can also be directly liable for negligence when they fail to supervise or discipline physicians who pose a risk to patient safety. If administrators are aware that a doctor repeatedly endangers patients and takes no action, the hospital itself can face a malpractice claim.
How a Medical Malpractice Attorney Can Help
Medical malpractice cases involving hospitals require more than a review of medical records. They demand an understanding of how healthcare systems operate behind the scenes to uncover every layer of accountability.
That begins with investigating the hospital’s structure. Our medical malpractice lawyer can examine whether the doctor was under the hospital’s control, who made staffing decisions, and whether protocols were followed. Internal emails, policies, and credentialing records can reveal that hospitals exercise far more control over independent doctors than they admit.
Next, they can identify systemic failures that contributed to the harm, such as breakdowns in communication between nurses and physicians, delayed lab results, or ignored patient alarms. These are not one-off mistakes but are signs of institutional negligence. Your lawyer can likewise work closely with medical experts who can translate complex care issues into clear, evidence-based testimony. Their insight typically reveals where a hospital’s policies or lack of oversight deviate from accepted standards.
Throughout the process, your Harrisburg medical malpractice attorney will deal with communications with insurers and their attorneys and fight for your right to be compensated in court or during settlement talks.
Connect With Our Experienced Medical Malpractice Lawyers
Our medical malpractice attorneys at Marzella & Associates in Harrisburg, PA, can serve you by arranging your complimentary consultation at 717-876-8681 or online.