Hospitals' Ethical Dilemma: Faulty Deaths And Legal Consequences

When a patient dies due to medical negligence or malpractice, the hospital may be considered at fault and held liable. Hospitals can be held responsible for deaths that occur due to medical negligence, even if they were not directly at fault. In such cases, the patient's loved ones or a member of the estate can file a lawsuit against the hospital and the healthcare professional. However, hospitals often deny responsibility in wrongful death cases, and it is challenging to prove negligence or malpractice. To pursue legal action, it is essential to consult with an experienced attorney who can guide you through the complexities of building a strong case and determining who to hold liable.

Hospitals can be held liable for deaths caused by their employees' negligence

When a patient dies in a hospital due to medical negligence or malpractice, loved ones or members of the estate can file a lawsuit against the hospital and the healthcare professional. However, this depends on specific circumstances, as some hospitals employ healthcare professionals as independent contractors rather than employees, which can complicate liability claims.

In cases where a hospital employee's negligence leads to patient harm or death, the hospital can be held legally responsible. This encourages hospitals to maintain high standards of care and implement rigorous training and oversight of their medical personnel. Hospitals can also be found liable for their own administrative mistakes, such as negligence in hiring and supervising employees, failing to maintain and repair equipment, and not establishing proper patient safety protocols.

To prove medical malpractice, plaintiffs must establish a patient-provider relationship, the applicable standard of care, and that the breach of this standard led to the patient's death. It is important to consult with an attorney, as they can review the facts of the case and determine the most appropriate course of legal action.

Hospitals may escape liability by employing physicians and healthcare professionals as contractors

Hospitals may try to escape liability for at-fault deaths by employing physicians and healthcare professionals as contractors. This is because, in general, an entity employing independent contractors is not liable for their negligence, as they do not control the means and methods of their work. Hospitals argue that physicians, not hospitals, have a duty to practice medicine non-negligently, and therefore a hospital cannot be held liable for the negligence of an independent contractor.

However, this is not always the case, and hospitals may remain liable for the actions of independent contractors on a variety of grounds. One of the main factors is whether the patient looks to the institution rather than the physician for care. If the hospital "holds out" the physician as its employee, they may be liable. For example, if a hospital advertises short wait times, lower fees, or "top-notch care", and a patient does not receive the care advertised, the hospital can be held liable. Hospitals also have a non-delegable duty as a matter of law to provide non-negligent physician care, particularly in emergency rooms.

In some jurisdictions, a non-delegable duty is an established exception to the rule that an employer is not liable for the negligence of independent contractors, making hospitals vicariously liable as a matter of law for independent contractors' negligence. Hospitals will also try to avoid liability by claiming that the negligent or incompetent employee was not actually an "employee" of the facility. However, if a hospital fails to make a doctor's terms of employment clear, even if the doctor was intended to work as an independent contractor, the hospital can be held liable.

Therefore, to successfully sue a hospital for a wrongful death, it is important to hire an attorney with experience in these types of cases, who can help find evidence proving that the hospital had direct control over the contractor, and that they do not meet the federal definition of a contractor.

Hospitals can be held liable for broader issues like poor hiring practices, inadequate supervision, and lack of proper maintenance

Hospitals are responsible for maintaining a standard of care to avoid medical malpractice and can be held liable for broader issues like poor hiring practices, inadequate supervision, and lack of proper maintenance. Hospitals must provide adequate supervision of their medical staff, including nurses and residents, as a lack of supervision can result in errors that harm patients. Hospitals can also be held vicariously liable for negligence in their hiring practices if they fail to screen applicants properly and the treating provider causes harm to a patient. This extends to both clinicians directly employed by the hospital and contractors with privileges to treat or perform surgery at the hospital.

Hospitals should conduct regular reviews with all staff members to assess performance and ensure their vetting process is compliant and minimises risk. Negligent hiring is an increasing area of liability for hospitals, and they can be held accountable if there was a foreseeable risk with a provider during the hiring process. For example, if a hospital hires a physician with a history of questionable medical decision-making, and that physician's care results in a patient's death, the hospital may be liable for negligent hiring practices.

In addition, hospitals must properly maintain and replace medical equipment to avoid equipment failures that could harm patients. Negligence in infection control measures can also lead to patient infections, and hospitals may be held liable for damages if they fail to maintain a clean and safe environment. Hospitals can also face liability when there is a misrepresentation of treating physicians. For example, if a hospital presents a physician as an employee without communicating their non-employee status to the patient, they may be held accountable for any mistakes made by that physician during treatment.

Determining the hospital's liability in cases of at-fault deaths requires a thorough examination of the facts, including the hospital's level of involvement and whether their conduct significantly influenced the outcome. Hospitals can often avoid liability if the healthcare professional involved is an independent contractor, unless the patient was not properly informed of the physician's distinct employment status. In such cases, the supervising doctor or the physician themself may assume responsibility for mistakes made during treatment.

When to sue the hospital, the physician, or both

When a loved one dies due to medical malpractice, you may be able to sue the hospital, the physician, or both. However, this is a complex area of law, and it is highly recommended to seek expert legal advice. Here are some factors to consider when deciding who to sue:

Hospital Liability:

Hospitals can be held liable for a patient's death due to medical negligence, even if they were not directly at fault. This is known as "vicarious liability" or "employer liability." Hospitals may be liable for the actions of their employees, such as nurses, medical technicians, and support staff, if they cause harm to patients through negligent care. Hospitals can also be liable for the actions of independent contractor physicians if they granted them privileges despite knowing about their risky history. Additionally, hospitals may be liable if they fail to inform patients that their doctor is not an employee, and it reasonably appears that the doctor is an employee.

Physician Liability:

Physicians are often considered independent contractors rather than hospital employees. In some cases, you may not be able to sue the hospital if an independent contractor physician is solely responsible for the harm caused. However, if the hospital has control over the physician's work, such as setting fees, assigning patients, or having the ability to discipline or fire them, an employer-employee relationship may be established, making the hospital potentially liable.

Seeking Legal Advice:

Determining liability in medical malpractice cases can be complex. It is highly recommended to consult with a qualified personal injury attorney, preferably one with experience in medical malpractice cases. They will review the facts, identify negligent parties, and advise you on the best course of action. Your attorney will also consider the financial capacity of the hospital and physician to pay compensation and the medical malpractice insurance coverage of the physician.

Statute of Limitations:

It is important to be mindful of the statute of limitations, which is the time limit for filing a lawsuit. This can vary by state and type of claim, so seeking timely legal advice is crucial to preserve your rights.

In summary, when deciding whether to sue the hospital, the physician, or both, consult an experienced attorney who can guide you based on the specific circumstances of your case. They will help you navigate the complex legal landscape and improve your chances of receiving the compensation you deserve.

How to find an attorney to handle your wrongful death lawsuit

When a loved one passes away due to medical malpractice or negligence, it is important to find the right wrongful death attorney to help you navigate the complex legal process and see your case through. Here are some tips on how to find an attorney to handle your wrongful death lawsuit:

Research and Experience:

Firstly, it is crucial to research potential lawyers to determine their experience and expertise in handling wrongful death cases. Look into how long they have been practising personal injury law and what kinds of cases they have handled. Ensure that the attorney has specific experience with cases like yours to increase the chances of a favourable outcome. For example, if your case involves medical malpractice, ensure that the attorney has experience in that area.

Track Record:

Examine the attorney's track record of success. Many law firms provide information on their websites detailing their history of wins and losses, settlement amounts, and trial records. Testimonials from previous clients can also provide insights into their effectiveness.

Contingency Fees and Free Consultations:

Many wrongful death lawyers work on a contingency fee basis, which means you only pay them if they win your lawsuit. This protects you from incurring significant legal fees. Additionally, look for attorneys who offer free consultation services. Free consultations allow you to meet with the attorney, ask questions, and determine if they are a good fit for your case without any financial obligation.

State Requirements:

Wrongful death claims can vary by state, with different timelines and requirements. Consult with an experienced wrongful death lawyer in your state to understand the specific laws and requirements that may apply to your case.

Handling of Evidence and Expert Witnesses:

An experienced wrongful death attorney will know how to handle all the necessary pretrial work, including gathering relevant evidence and arranging for expert witnesses to testify. They will also help you avoid common mistakes that can delay your claim, such as paperwork errors or missing deadlines.

When choosing an attorney to handle your wrongful death lawsuit, it is important to take your time, ask questions, and select a lawyer who has the necessary expertise and a proven track record of success in similar cases.

Frequently asked questions