Hospital Liability for Employee’s Negligence
As much as most health care service providers working in hospitals are independent contractors, most are direct employees of the hospitals. The hospital is liable for any negligence committed by the employees. The victim is entitled to sue the hospital for negligence or malpractice. Additionally, the victim can sue the employee too.
What are the types of employees who can be involved in the medical malpractice case?
In most cases, negligence committed by physicians fall in the following cases:
- Negligence affecting childbirth or pregnancy
- Mistakes in administering or prescribing medications
- Surgical errors
If a physician working for the hospital is liable for any of the above medical malpractices, the victim can sue the hospital along with the physician. However, it’s easy to sue the hospital than an independent contractor as some investigations are unnecessary.
Nurses have an independent professional duty to their patients. As much as the nurse is not directly in charge of offering medical care to the patient, there are tasks that they perform that are part of patient care. The tasks include feeding and monitoring patients. Plus, they administer medications. Therefore, nurses are liable for negligent mistakes committed by:
- Failing to properly monitor a patient
- Failing to take the vital signs at proper times
- Failing to enter nursing records into the chart of that patient
- Administering wrong medication or medication amount
- Failing to administer medication at appropriate time
- Failing to respond to the patient’s distress call or report suspicious complaints and symptoms to the doctor in charge.
These failures constitute negligence and if the nurse is an employee of the hospital, the acts constitute hospital negligence which is legally liable.
Irrespective of whether mental health, occupational or physical therapists, they too can be negligent. A therapist may fail to follow instructions given by the physician correctly or manipulate the patient injuries strongly causing more injuries like re-breaking a bone or re-tearing a muscle when the patient is under rehabilitation.