Attorneys for Negligence of Organization in Hospitals
The last thing anyone wants to experience during a hospital visit is an additional injury, but unfortunately, not every mistake is a harmless one. Victims of staff errors can and do suffer serious injuries. If you’re one of them, you should know that there is legal action you can take. Hospitals can be held liable for negligence, both from their staff and operational practices.
What Is the Difference Between Medical Malpractice and Hospital Negligence?
Hospital negligence constitutes failing to do something properly or abide by proper procedures. This typically refers to doctors, nurses, and other medical staff making mistakes that cause harm to their patients. Medical malpractice falls under the broader category of hospital negligence but refers more specifically to when doctors and staff make deliberate choices that harm patients. This can include doctors and staff not following proper procedures in a diagnosis, improperly sterilizing surgery tools, and similar missteps.
What constitutes a medical malpractice lawsuit tends to be the additional harm. However, it’s important to note that medical malpractice includes the staff recognizing the steps they could have taken to avoid it. Malpractice involves knowing the risks and proceeding anyway; negligence, while still a serious matter, is more commonly the product of an accident.
Hospital Liability for Errors by Its Staff
Nurses, doctors, and medical staff members are obliged to take the utmost care in dealing with patients. When hospitals employ them, the hospitals are liable as employers for the mistakes their employees make. As long as a hospital employee caused the injury during a work-related activity, it’s feasible for the patient to seek compensation from the organization.
Hospital Liability for Independent Contractors
Many doctors are not employed by the hospitals in which they work, however. They’re listed as independent contractors; the same can be true for therapists, nurses, and similar workers. These cases may be more complicated than dealing with employees, but some situations require the hospital to still answer for the contractor’s actions. Actionable offenses include not clearly stating the contractor is one and failing to address an incompetent or dangerous contractor. Hospitals can also be liable if they have sufficient control over the contractor’s work, such as job conditions and payment. The more like an employer the hospital appears to be, the more likely it is that the hospital will be considered an employer.
Contact Leav & Steinberg
If you’re facing a hospital negligence case, don’t take it on alone. Founded in 1999, the team at Leav & Steinberg LLP has years of experience in New York state laws and hundreds of positive results. We also pride ourselves on customer service and try to seek the best outcomes for our clients. We won’t charge you any fees until the case is won, so contact us today to schedule your free consultation.
