Can I Sue A Hospital For Negligence In Michigan?

Contact me today

Answer

Though hospitals may be liable (responsible) for negligent care provided by employees like nurses, aides and medical technicians, the hospital may not be responsible for a doctor's medical malpractice. As long as the employee was doing something job-related when he or she injured the patient, the patient can sue the hospital. For example, if a nurse employed by the hospital gives a patient the wrong medication and injures the patient, then the hospital is liable for the nurse's mistake.

However, if a doctor who is not an employee of the hospital but merely has privileges to practice in the hospital injures a patient while working in the hospital, the hospital will not be liable for the doctor's mistake. This is an important distinction because though the doctor is still responsible, in most instances, a doctor has limited malpractice insurance to cover the patient's damages. Hospitals generally have layers of excess insurance.

Whether a doctor is a hospital employee depends on the nature of his or her relationship with the hospital and the patient. At some hospitals, all doctors are hospital employees, at other hospitals they are not. Non-employee doctors (staff physicians) are independent contractors, and the hospital is considered to be only the site where the malpractice occurred.

There are exceptions wherein a hospital will be held responsible for the negligent acts of its non-employee physicians:

  1. The general rules do not apply to patients injured by an emergency room physician, or upon admission to the hospital from the emergency room.
  2. A patient who is admitted to the hospital through the emergency department, and is injured by a doctor assigned to the patient, with whom the patient had no prior doctor-patient relationship, can hold the doctor and hospital responsible.
  3. Under certain circumstances, a hospital can be held responsible if it grants staff privileges to a known incompetent or dangerous doctor - or if privileges are not revoked from a previously good doctor known to have become incompetent or dangerous after privileges were granted. For example, if a doctor becomes addicted to drugs and the hospital management knew about it or in the exercise of reasonable care should have known about it, a patient injured by the doctor can sue the hospital.
Disclaimer:

The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other answers about Medical Malpractice

Rebecca J. Britton

Can I sue for malpractice in North Carolina?

If the negligence of a health care provider or health care professional causes significant damage, permanent damage, or even death, you may have a …Sponsored answer by Rebecca J. Britton

Jeffrey

Do Emergency Room Errors Count As Medical Malpractice In Florida?

Yes, emergency room error is medical malpractice. All medical care providers in Florida, from nurses to physicians, maintain a duty to examine and …Sponsored answer by Jeffrey "Jack" Gordon

Richard T. Meehan, Jr.

Can I sue if I have nerve damage after dental work in Connecticut?

Whenever you go to any medical practitioner, you place your trust in them. Their decisions will impact your health and life. That includes dentists. …Sponsored answer by Richard T. Meehan, Jr.

Call me:
248-353-7750

Contact me

Required fields are marked with an asterisk (*).

To: Clifford Paskel Super Lawyers: Potential Client Inquiry

The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. The use of the internet or this contact form for communication is not necessarily a secure environment. Contacting a lawyer or law firm email through this service will not create an attorney-client relationship, and information will not necessarily be treated as privileged or confidential.

Page Generated: 0.14826083183289 sec