You have options to sue a hospital if you receive the wrong treatment, the facilities staff make the wrong decisions, or if a close family member passes away while in their care. If you're asking the question, "c\Can I sue a hospital for negligence?" — one of these scenarios has likely already happened to you, and you're looking for answers. You have the legal right to receive compensation for your injuries if it was caused by medical error.
To sue a hospital for medical negligence, you need to be prepared with evidence that proves the hospital's liability for your injury. In many cases, this will require help from medical experts capable of providing testimony concerning the medical care you received while at the hospital. Our legal team has the resources to provide medical experts who can help prove your claim. However, if the physician or nurse who caused your injury is an independent contractor, and many are, the hospital would be the wrong party to sue in most cases.
Let's take a closer look at when a hospital is and is not responsible for medically negligent staff members.
Why suing a hospital is different from other medical malpractice claims
Under certain circumstances, you can sue a hospital regardless of the doctor being an employee or contractor. For example, if the hospital hired a doctor with a history of medical malpractice and allegations. Another reason is if the hospital hired staff with a history of drug abuse and they caused you harm. Furthermore, you may sue a hospital if they didn't inform you that the doctor was a contractor or treat the doctor as an employee by setting their hours and fee scale.
When considering which party to sue, our medical malpractice attorneys will be able to determine who should be held liable. Regardless of the answer, the real fight will be with the insurance companies, not the offending party.