Medical malpractice is not a new term. You might have heard of medical malpractice court cases from the news and other sources. That’s because anyone can be a victim of medical malpractice.
When the health care service goes below the standards of practice, this can be called medical malpractice. It means that a health care provider did not perform the expected level of care for his or her specialty. Because of poor care, the patients may suffer injuries, or their lives may be at risk. The health care provider can be held liable in these kinds of situations, but a hospital can also be accountable for the damages or injuries.
Medical malpractice involves the following situations:
- Failure to monitor a patient properly and negligence
- Misdiagnosis or failure to diagnose the actual illness of the patient which can also lead to improper treatment
- Adverse or allergic reaction to drugs due to failure of checking the patient’s medical chart
- Administered the incorrect medication formula or dosage
- Failure to regularly check and reposition bedridden patients, resulting in bed or pressure sores
- Falls or any accident from negligence of the environment or health care provider
- Unable to respond to patient’s needs
Liability of Hospitals and Their Health Care Employees
Hospitals or other health centers also have a duty to hire competent professionals in their team. Therefore, hospitals as employers will be held liable under the law for any negligent acts of their employees. It is called the rule of vicarious liability. That applies if the health care provider is directly employed by the hospital and is involved in work-related tasks.
These health care providers may include:
- Nurses
- Physicians
- Anesthesiologists
- Therapists
- Other service providers hired by the hospital
Liability of Independent Contractors Working With The Hospitals
While hospitals do have immediate responsibility and therefore are directly liable to the misconduct of its employed staff, independent contractors are another issue. Independent contractors are not considered as employees, as with the case with some doctors. Often, these doctors and other specialists work as consultants instead of being a hospital staff.
Additionally, because they are not technically employees under the hospital, they shoulder the responsibilities and liabilities on their own. Unfortunately, this also means that the hospital is not directly liable for negligence and malpractice of these independent contractors. However, it is still possible to file a complaint against the hospital. In these situations, an expert medical malpractice attorney will be beneficial.
Liability of the Hospital Management Itself
In some instances, you can even file a case directly on the hospital for its sheer negligence. Here are some of these instances, where you can push a hospital to be directly responsible:
- Hiring unlicensed or incompetent employees
Hospitals have the responsibility to employ and hire competent workers that know how to do their job properly and professionally. They should ensure that every worker they employ and hire has the necessary license, knowledge, skills, and values.
These hospitals should be able to screen out incompetent and unworthy employees before even hiring them. They can also place sanctions and even remove negligent staff from its ranks.
- Failing to uphold safety procedures and protocols
All hospitals must adhere to universal and standard safety procedures. As such, they should be able to remind their employees to observe these safety procedures. These safety procedures would include frequent and proper handwashing, sanitation of all surgical equipment, as well as guarding the patient to prevent falls and further injuries.
The hospitals should provide all the necessary fixtures, equipment, and materials to maintain a high level of safety and sanitation. These objects would include accessible sinks, surgical masks and gloves, wheelchairs, and other assistive devices.
- Understaffing
Hospitals must also ensure that they have enough staff to accommodate an unexpectedly high number of patients. Understaffing can be quite a serious issue because it can incredibly decrease the quality of care given.
Also, understaffing can lead to less time for patient contact. That would be especially true in emergency wards of the hospital, where the patient’s survival can be a matter of life and death.
Contact Expert Medical Malpractice Attorneys Today!
Have you been a victim of negligence or malpractice caused by an employee of a hospital? If so, you need to assert your right to a safe and competent medical care. With expert legal advice, you’ll have a stronger arm in fighting against medical malpractice.
We at the Clark Law Office are a team of expert medical malpractice attorneys in Michigan that can help you win a case against these negligent hospitals. Contact us today at 517-347-6900 for a free initial consultation.
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