Suppose you are injured by a hospital’s direct negligence or by negligence by a medical professional employed. In that case, you can file a lawsuit against the hospital to seek fair compensation for your covered losses. This is called a medical malpractice case, and while it’s legally complex, it can play an essential part in your ability to regain your health and well-being as fully as possible. Working closely with an experienced Harrisburg medical malpractice lawyer from the start is the surest means of protecting your rights and your rightful compensation on the path forward.
Is It Malpractice?
In Pennsylvania, medical malpractice is very generally defined as a medical professional or facility’s deviation from the standards accepted by the healthcare profession, which leads to the patient being injured. This can mean taking action that one’s professional peers wouldn’t have under similar circumstances or failing to take action that one’s professional peers would have.
Hospitals typically have more comprehensive medical malpractice insurance coverage than individual doctors. As such, proceeding with a case against the involved hospital—when possible—is generally the best course of action.
Is the Hospital Responsible?
Hospitals are responsible for implementing their own safety protocols, hiring well-trained and responsible staff, and following all industry safety standards. Any failure to do so can leave them liable for medical malpractice. If you were harmed by negligence by a hospital staff member, the hospital can also be held responsible.
If, on the other hand, you were harmed by your doctor’s negligence, the matter of whether you can file a lawsuit against the hospital will depend. If the hospital employs the doctor, you can file your case against the hospital. However, many doctors are classified as independent contractors with visiting privileges at various hospitals. If this is your situation, you can proceed by filing your medical malpractice case against your doctor directly – through their malpractice insurance provider.
Additional Criteria
There are instances when a hospital can be held liable for a doctor’s negligence even when the doctor isn’t an employee of the facility. Prime examples include the following:
- The hospital didn’t clarify early on that the doctor providing you with care wasn’t their employee.
- If the doctor in question was incompetent. When a medical professional is deemed incompetent, their employment status is no longer an issue – the hospital shouldn’t have retained them and can be held liable if they knew or should have known about the doctor’s incompetence.
Turn to Our Experienced Medical Malpractice Attorney for the Help You Need
The accomplished medical malpractice lawyers in Harrisburg, PA, welcome the opportunity to fiercely advocate on your behalf for a favorable claim resolution that upholds your legal rights and supports your ability to recover. We are on your side and here to help, so please don’t delay contacting us online or calling 717-876-8681 and scheduling a free consultation today.