The possibility of a patient suffering an injury in a healthcare setting is one of the most concerning matters. If you experience this, you may be eligible to file a medical malpractice claim
But who should you take legal action against?
The healthcare provider
You can hold the healthcare professional who served you liable for your injuries. This can be the physician, nurse, pharmacist, anesthesiologist and so on. If you can prove their actions caused your injuries, you can hold them responsible.
The hospital
Some physicians who treat you in hospitals are independent contractors. This means the hospital may not be accountable for their actions. However, if a healthcare provider who is an employee offers you substandard services, the hospital may be answerable for their actions. This is referred to as vicarious liability. But to hold the hospital liable, the physician should have been acting within the scope of their employment.
Note that a hospital can be held liable for the actions of independent contractors in outpatient facilities and emergency rooms. You can also take action against a hospital if it fails to clearly state if a doctor is an employee or not in your admission form.
Further, a hospital can be answerable if an issue they have control over causes your injury, whether an employee or an independent contractor treats you. For example, if you contract an illness in the hospital due to poor hygiene.
If a hospital allows someone with behavior issues, such as a physician with substance abuse problems or a history of medical negligence, to serve you and you sustain an injury, you can hold it answerable.
If you experienced medical malpractice, learn more about your case to determine the party that should compensate you for your damages.