What are the Major Issues of Hospital Liability in a Malpractice Case

(Palm Beach, FL) – April 12^th, 2016 – For the most part, hospital neglect essentially covers the whole spectrum of medical malpractice right from physician malpractice to nursing malpractice to medical malpractice committed by a care giver or physiotherapist.

There are basically two types of hospital negligence. The first one is where hospitals are liable for their employees’ negligence and their actions. This is known as vicarious liability, say Palm Beach, FL medical malpractice lawyers. According to the vicarious liability law, any employer is liable for the negligence or negligent act of an employee.

Courtesy of this law, the hospital is legally liable for negligence by any of its staff. However, for this to take effect, the person or employee who was negligent needs to be the direct employee of the hospital itself and not a contractor or vendor working for another company or organization, point out Florida medical malpractice attorneys.

The second sort of hospital neglect is the direct negligence of the hospital or healthcare organization itself. This may include but is not limited to things such as negligent hiring, not maintaining proper equipment, and/or medication, failing to supervise their employees, etc. This also applies to nursing home abuse cases.

Hospital being Held Liable for the Negligence of its Employees

Physicians – When it comes to physician negligence, most of the medical malpractice cases fall into the following categories; misdiagnosis, substandard care during child birth or pregnancy, medical errors in prescribing or administering medication, and botched surgeries.

When a physician is found to be negligent for one of the above mentioned errors, his or her hospital/employer can also be held liable in a civil medical malpractice lawsuit. The victim has the right to secure compensation via a malpractice claim. However, Palm Beach, FL medical malpractice lawyers tell us that in many cases, physicians are not direct employees of the hospital and are instead independent contractors and thus the whole case is made a little more complicated due to this fact.

House was an employee of the hospital in the eponymous show House. In one episode, House was challenged by a patient and so House, acting in his normal immature way, rather than dealing with this in a mature manner, chose to do something childish. This particular patient played by David Morse needed an anal exam so House stuck the thermometer in too deep and left it there for much longer than necessary.

Morse, playing a New Jersey Detective, Detective Tritter to be exact, makes a complaint about House to Dr. Cuddy and since that does not go anywhere, Tritter goes after House using his policing knowledge and power which drags on for months. House was taught a lesson, learned a little from it, but was still able to keep his license and he continued to find ways to secure the painkilling drugs he favored. Tritter was not satisfied with the result but he went on with his life.

If you are ever abused by a doctor or a nurse like this, or in any other fashion, you need legal help. You may not be a detective but there are other ways to deal with this. Go right here Medical-Malpractice.USAttorneys to find that legal assistance.

Nurses – Nurses are usually found to be negligent for one of the following – failing to keep an eye on the patient as required, failing to record a patient’s vital signs in a timely manner, failing to enter the patient’s record into his or her patient card, giving the patient the incorrect medication, giving the patient an incorrect amount of medication, giving the patient medication at the incorrect time, failing to check for bed sores (in cases of bed ridden patients), and so forth.  

In such cases, the nurse’s negligence automatically qualifies as hospital neglect too.

Why You need a Medical Malpractice Lawyer

In most medical malpractice cases, the hospital will either attempt to settle the case out of court by offering the victim a settlement amount or, they will fight the case and deny all liability. Like in any other civil lawsuit, the burden of proof is upon you (the plaintiff), and therefore you need to present concrete evidence to back up your claims and prove the hospital’s negligence.

In addition, you also need to procure a medical expert to testify or provide a statement in support of your allegations. To be able to do this successfully, you will most certainly require the help of a Florida medical malpractice lawyer. Contact us if you have any questions.