When you are the victim of medical malpractice in a hospital, and you have no other recourse but to sue, you might be wondering whether you need to sue the hospital or the doctor who treated you.

In this guide, we’re looking at your options when faced with medical malpractice, and the best course of action is based on the circumstances surrounding your claim. 

You should always discuss medical malpractice with a qualified legal firm. They can guide you and direct you as to what you should do. Moreover, your medical malpractice attorney will fight for you to see that you are awarded maximum compensation for your pain and suffering.

How Do You Know Who Is Liable?

To determine whether the hospital or the doctor alone should be responsible for the medical malpractice, many factors need to be considered. There are some situations where a lawyer will need to review your case to determine whether you should file a medical malpractice claim with the hospital, doctor, or both. Such situations include:

Retention and Hiring Policy of the Hospital

If the hospital failed to check the doctor’s background according to proper conduct before allowing them to treat patients in the hospital, the fault could lie with both the hospital and the doctor. Whether the doctor is an independent contractor also plays a role in this, especially if the hospital failed to comply with its policy on hiring and retaining independent contractor doctors.

Hospital/Doctor Agreement

Also of importance is what kind of agreement exists between the hospital and doctor, such as whether it’s an independent contractor agreement or an employment agreement. Your medical malpractice attorney can obtain this information, which is essential to your claim.

Whether You Were Informed of the Doctor’s Status

Your attorney will also find out whether the hospital informs patients that the doctor is not an employee but rather an independent contractor. Some hospitals might try to hide such information from patients by listing it in the fine print.

The Doctor’s Schedule in the Hospital

Another significant factor is whether the hospital is in charge of determining the doctor’s working hours, vacation time, who they see, and more. Your attorney can get this data to help them decide who is at fault in your medical malpractice claim.

It’s important to note that there isn’t a single deciding factor that dictates who will be sued. But if your attorney uncovers information that points to an employment relationship between the doctor and hospital, it is more likely that the hospital will be held responsible.

Non-Employee Liability

In some cases, the hospital will be at fault even if the doctor is an independent contractor. Such cases include:

If the hospital failed to inform of the doctor’s independent contractor status. This information is typically on the admission form that you sign.

ER Treatment

In some emergency rooms, you are not given the opportunity to sign an admission form informing you of the doctor’s employment status. As such, this would be the fault of the hospital.

Negligent Retention

If a serving physician has a bad record that the hospital knew about, but they allowed the doctor to treat patients anyway, the blame would lie with the hospital for allowing such risks.

Seek Legal Counsel

If you aren’t sure who is responsible for your medical malpractice, a qualified attorney can help you figure it out. That’s where the trusted names at the Doctor Lawyer Firm come in.

We help you get to the bottom of your malpractice claim to ensure that those responsible are held accountable. We fight for our clients to ensure that they receive the maximum compensation for their damages, so call us today so we can help you.

Legal and Medical Experience You Can Trust

Matthew Sowell is one of the few Florida lawyers certified by the Florida Bar and the American Board of Professional Liability. He is also the founding chairman of the Stroke Litigation Group. Over the years, Matt has won millions of dollars in verdicts, ensuring that his clients are awarded the compensation they deserve in challenging medical malpractice cases.

Fadi Chakour is a former medical doctor who left the field to practice law in medical malpractice litigation. As a doctor, he treated many patients and loved ones who were injured due to the negligence of other physicians. Fadi’s combined medical and legal knowledge makes him a powerful advocate for injured people who are victims of medical negligence.

Get the Compensation You Deserve — Call Today

If you believe you are a victim of medical malpractice and wish to file a complaint, contact the Doctor Lawyer Firm today. The medical malpractice attorney team of Sowell & Chakour has decades of combined experience to assist with your medical-related legal matters. Call today at 1-833-MedMals or fill out their online contact form to get started.

The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.