Can a Medical Malpractice Suit Be Filed Against a Hospital? By Moody Law | Personal Injury Attorneys on November 24, 2020

Medical equipment and a woman in a hospital bedWhen receiving medical care, it's reasonable for patients to expect to receive quality treatment, but sometimes a negligent medical professional can cause harm. A medical malpractice lawyer is essential in helping to determine if there's a legal claim for medical malpractice.

If you are injured while receiving medical treatment, you may wonder if a medical malpractice suit can be filed against a hospital in Lakeland FL, Winterhaven, FL, or surrounding areas. The answer is more complicated than a simple yes or no. Attorney Daniel D. Moody would like to take this time to consider when a medical malpractice lawsuit may be filed against a hospital.

Hospitals Are Responsible for the Actions of Employees

Hospitals are typically responsible for the actions of their employees. This means that if a hospital employee is negligent and ends up harming a patient, the hospital may be held liable through a medical malpractice lawsuit.

Hospital employees may include nurses, phlebotomists, medical technicians, and many others. Employees who work directly with patients may end up causing harm by providing the wrong treatment, medication, or treating the wrong patient. In such circumstances, a medical malpractice lawsuit may be filed against the hospital.

When Aren’t Hospitals Liable?

Hospitals may not be held liable for medical malpractice if the negligent care was provided by a medical professional that is not employed by the hospital but rather works there as an independent contractor.

This caveat mostly applies to doctors. Although some doctors are hospital employees, some work for the hospital as an independent contractor.

Doctors who are independent contractors may be held directly liable. In such cases, the medical malpractice lawsuit would be filed against the doctor and not the hospital.

A doctor may also be held liable for medical malpractice if a hospital employee acts negligently under the doctor's watch. For example, if a nurse administered the wrong dosage of a medication while a doctor supervised, the doctor may be sued for medical malpractice and not the hospital.

Holding Responsible Parties Liable for Medical Malpractice

Medical malpractice occurs when a doctor, nurse, or other medical professional provides sub-standard care or acts negligently when treating a patient, resulting in injury or harm to the patient.

When medical malpractice occurs, it's important to hold the hospital or responsible party liable to prevent others from becoming injured.

One way to hold negligent parties liable is to file a medical malpractice lawsuit. A medical malpractice attorney can help determine which party the lawsuit should be filed against, and build a strong case to help victims get the compensation they deserve for their injuries, pain and suffering, and other damages.

Schedule a Consultation with Attorney Daniel D. Moody

If you have been injured while receiving medical care and believe your injuries were caused by medical malpractice, you are encouraged to schedule a consultation with Lakeland attorney Daniel D. Moody. Please call (863) 284-9090 to arrange an appointment.

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Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

To schedule a free, no-obligation consultation, contact us online or call (863) 733-9090.

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