Being injured due to a doctor’s negligent care may allow you to sue for medical malpractice. To prove that the care was negligent, it is necessary to prove that the doctor acted in a way that violates the standard of care. That could be a misdiagnosis, improper treatment, or other accidents that resulted from a lack of attention. The negligent behavior needs to be the cause of the injuries. But what about the hospital where you received the care? Can you file a medical malpractice suit against them?
A hospital is considered liable for an injury if one of their employees’ negligent medical care was the cause of the injury. Employees of the hospital are generally nurses, technicians, and paramedics. If an employee of the hospital injures a patient, then the injured patient can sue the hospital. That is the case unless that employee injured the patient under the supervision of a doctor who is not an employee.
A doctor is considered an employee of a hospital based upon their relationship with said hospital. If the hospital schedules the doctor’s working hours, vacation, and time off, then it is more likely that the doctor is an employee. Another factor that can decide this relationship is whether the hospital controls the doctor’s fees. Even if the doctor is an independent contractor, there are exceptions to the rule.