Who Is Responsible For Medical Malpractice in California?

If you have been injured by a doctor’s or surgeon’s negligence, you may have a case for medical malpractice. But chances are the doctor or surgeon are not the only person who is liable for your injuries. Medical malpractice is rarely an instance where only one person will able to be held responsible for your injuries. Doctors and surgeons do not operate independently of everyone else, so when it comes time to present your medical malpractice claim, there are numerous parties to bring a claim against for your damages.

The Hospital’s Negligence – Hospitals are corporations that are their own separate entities. In the context of a medical malpractice claim, hospitals can be either directly liable for their own negligence or they can be held vicariously liable for the negligence of their employees. Vicarious liability means that the hospital is held responsible for the negligence of another.

A hospital must take care when hiring its staff. Hospitals do not just employ doctors and nurses, but medical technicians, physician’s assistants and others responsible for handling patients. The hospital is responsible for ensuring that each member of its staff has the necessary qualifications, skills and experience to work as a medical professional. If a hospital fails to investigate the qualifications or misbehavior of its staff, it can be liable for its own negligence. Furthermore, if a hospital does not have a sufficient number of staff on duty at all times to maintain quality patient care, the hospital could be liable for any injuries that occur due to the staffing shortage.

 Vicarious Liability – In addition to its own negligence, the hospital may be held liable for the negligence of its doctors and staff acting in the scope of their employment. If a doctor or medical professional is employed by the hospital to treat patients and those employees commit medical malpractice, the hospital may have to bear the responsibility of that negligence. This is important for plaintiffs in medical malpractice cases as it allows them to collect a sufficient amount of damages from a defendant with deeper pockets.

 Independent Contractors – In some cases the doctor or medical professional treating you at a hospital or private practice is not an employee but rather an independent contractor. In these relationships, the hospital will not be vicariously liable for their actions per se. Today, it is not uncommon for the anesthesiologist in charge of putting people under for surgery to be an independent contractor rather than an employee of the hospital. If your medical malpractice injury stems from a surgical mistake, this is yet another party who may be responsible for your injuries.

 Consult With A Medical Malpractice Attorney in Rancho Cucmaonga, San Bernardino County Now – Medical malpractice cases are one of the most complex personal injury cases. Many claims are filed each year but few succeed in collecting for their injuries. Therefore it is of the utmost importance to consult with an experienced attorney familiar with medical malpractice claims in order to maximize your chances of collecting for your injuries. The attorneys at the Law Offices of Justin King can provide you with the help, guidance and zealous representation necessary to help you in your path to recovery. Contact them today at (909) 297-5001 for a free confidential case evaluation.

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The Law Office of Justin H. King