It’s devastating when you’re injured at the hands of a trusted medical professional. To make matters worse, it’s overwhelming to navigate complicated medical malpractice laws to determine where to seek compensation for your injuries. You may not always be able to seek compensation from the hospital where you received treatment. Ultimately, hospitals are legally liable for their employee’s negligence, but sometimes the negligence was at the hands of your doctor. Here’s a brief overview on how to determine if you can pursue damages from your hospital.
Injuries Caused By Negligent Hospital Employees
When your injury is caused by a hospital employee’s negligence, then the hospital will be liable for damages. Nurses, support staff and medical technicians are almost always hospital employees. When they’ve been negligent while doing something job-related, the injured party can seek compensation from the hospital itself. If these employees commit malpractice under a doctor’s supervision, however, then the doctor is liable. Doctors are rarely considered hospital employees. Instead, they are usually independent contractors who maintain legal responsibility for injuries that occur under their care. If the hospital sets the doctor’s hours and fee, then it’s more likely that the courts will see them as a hospital employee rather than independent contractor. Hospitals are required to inform the patient that the doctor is not a hospital employee to avoid liability issues. The hospital may also be found liable when they continue to give privileges to a doctor that has proved to be dangerous or incompetent.
Schedule a Consultation With a New Jersey Medical Malpractice Lawyer
Due to the complicated nature of medical malpractice claims, it’s wise to see out the legal counsel of an experienced attorney. Our professionals and Andres, Berger & Tran are both knowledgeable and experienced in medical malpractice cases, and we can help you determine whether you can seek compensation from your hospital or doctor. To contact our Camden County law firm, call us at 856-317-6558.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.