Suing a Hospital vs. Suing the Doctor for Medical Malpractice
If you or a loved one suffers medical malpractice injuries, it may be difficult to determine who you can hold accountable. It could be the doctor (or another care provider), the hospital, or both. Some factors that play a role in this include:
- The relationship between the care provider and the hospital
- The medical negligence that occurred
- The applicable Florida medical malpractice laws
The best way to understand the differences between suing a hospital and a doctor and which one applies in your case is to work with a Florida medical malpractice lawyer. You want an attorney on your side to guide you through these decisions and use their knowledge and skills to benefit your case.
Suing a Doctor for Medical Malpractice in Florida
When people think of medical malpractice cases, they often think only of holding a doctor accountable for negligence. In truth, any trained healthcare provider or care facility could be liable for medical errors, negligence, and harm.
Under Florida Statutes § 766.102, medical malpractice occurs when a doctor or another care provider fails to provide an accepted standard of care. This standard of care is determined by the actions of similarly trained and experienced professionals in the same field.
When a doctor fails to provide an acceptable standard of care and an injury occurs as a result, the victim likely has a viable medical malpractice case. Generally, doctors can be held accountable through an insurance claim or lawsuit, and victims can seek maximum compensation for negligence such as:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Treatment errors
- Birth injuries
Suing a Florida Hospital for Medical Malpractice or Hospital Negligence
Under some circumstances, a Florida hospital can be liable for medical malpractice. While doctors are sometimes independent contractors with permission to see patients at a hospital, other care providers are often employees.
Hospitals are legally responsible for the actions of their employees and provide supervision and enforce policies and procedures. Hospitals can be liable for non-employee doctors, so it’s best to work with a firm experienced in these complex cases and that knows how to hold hospitals liable for non-employee doctors.
Some of the most common reasons why a victim might have a hospital negligence case against a Florida hospital or clinic include:
Malpractice of Staff
When a nurse, technician, or another hospital staff member makes a mistake and acts negligently, their employer is likely vicariously liable. This is because of a legal doctrine known as respondeat superior. This doctrine applies across almost all industries and allows victims to hold employers liable for their workers’ negligence.
Negligent Hiring, Retention, or Supervision
Under Florida Statutes § 395.0191, licensed hospitals and clinics are responsible for hiring competent and credentialed staff and ensuring they perform their duties as expected. Hospital administrators must vet candidates, dismiss incompetent staff, and carefully supervise and guide workers. Failure to do so would make them responsible for any injuries that occur.
Failure to Create or Enforce Safety Protocols
Hospitals must have strong safety protocols and procedures in place to protect patients. These protections include providing a safe, clean environment, ensuring the necessary medical equipment is available, and following best practices to reduce human error. If they fail to do so, injuries could occur.
Can I Sue Both the Doctor and the Hospital in Florida?
Under some circumstances, your Florida hospital negligence lawyer might recommend suing both the doctor and the hospital involved in your case. This occurs when both parties share the responsibility and fault for causing injuries.
One common reason a victim might sue a hospital and individual doctor is that systemic issues allowed the malpractice to occur, and the hospital failed to address them. For example, imagine a hospital culture that allowed care providers to ignore the procedures required to ensure patients receive the correct medication. Doctors may use a shortcut to get around these safety protocols.
If you receive the wrong medication and suffer a serious reaction to it, both the hospital and doctor play a role in causing your injuries. Both could be defendants in a medical malpractice lawsuit. These parties could be accountable if a doctor and hospital staff member both acted negligently, and this led to your injuries.
Who is Liable in My Medical Malpractice Case?
Many doctors are independent contractors. This means they are not hospital employees, so the facility is not always legally responsible for their negligence. Because of this, it may be necessary to sue the doctor in these situations.
However, there are scenarios where the hospital could be liable for injuries caused by non-employee physicians or healthcare providers. Under Florida Statutes § 766.110, hospitals have a duty to provide an acceptable quality of care in their facilities, whether that care involves staff members or independent contractors.
In general, these four elements will be present if you have a valid medical malpractice claim against a party:
- Duty of Care: The care provider or facility had a legal obligation to provide an acceptable standard of care.
- Breach of Duty: The doctor or hospital failed to provide an acceptable standard of care for their field or specialty.
- Causation: The breach was the proximate cause of your injury or harm.
- Damages: You suffered additional medical bills, pain, suffering, or other losses.
The best way to determine if you have a case against a doctor, the hospital, or both is to work with a medical malpractice attorney. They will determine your legal strategy, ensure you follow the requirements outlined in Florida Statutes § 766.106 for the state’s pre-suit process, and meet the statute of limitations in the case.
Discuss Your Case With a Medical Malpractice Lawyer for Free
When pursuing a Florida medical malpractice case, you could sue the doctor, hospital, or both. A medical malpractice attorney can help you understand your legal options after negligence injuries. At Freidin Brown, P.A., we provide free, confidential case evaluations for victims. Let our team learn about the case and discuss how our attorneys can help.
Contact us today to get started.
