You might be aware that you could have a claim against a health care professional who was negligent in providing treatment, but you may not realize that hospitals can also be held accountable. If you suffered harm and believe hospital malpractice was behind it, you may be able to recover compensation for your losses. Some of the same basic concepts of medical malpractice apply, but there are other issues that make these claims extremely complex.
Instead of putting your rights at risk in going after a facility for hospital malpractice, it’s wise to trust skilled legal counsel to assist with the legal process. When you retain our team at Palmer | Lopez, you can feel confident that your case is in good hands. We have decades of combined experience representing patients, so please contact our office to learn how we can help. You can set up a free consultation with a lawyer, but some basics may also be informative.
Liability for Hospital Malpractice
Florida’s statute on liability for health care facilities describes how hospitals, clinics, and related organizations can be held accountable when a patient suffers injury. By law, facilities have the duty to ensure their medical staff is competent through diligent review and selection. If hospital human resources or administration doesn’t exercise reasonable care in the hiring process, they can be liable when such misconduct is the proximate cause of harm to a patient.
As such, hospital malpractice claims are different from other malpractice cases that focus on the actions of a health care provider. Our attorneys at Palmer | Lopez have in-depth knowledge of the legal subtleties that pertain to negligence in the hospital setting. We’ll strive to recover the monetary damages you deserve in a hospital malpractice case, including:
- Costs of medical treatment;
- Lost income;
- Pain and suffering; and,
- Many other types of compensation.
Distinguishing Hospital Employees From Non-Employees
The status of a staff member is the key in holding hospitals accountable for negligence in hiring medical professionals, since a facility only has control over its employees. It’s common for nurses, medical and lab technicians, orderlies, and support staff to be direct hires by the hospital.
However, the distinction is crucial when it comes to the status of physicians, the majority of which are non-employee, independent contractors. Under such circumstances, the hospital would not be liable. There are some exceptions, so the doctor may be considered an employee where:
- The facility sets the physician’s schedule and vacation time;
- The hospital controls the doctor’s fees for services; or,
- The hospital appears to be the physician’s employer.
Contact a St. Petersburg Hospital Malpractice Lawyer to Discuss Your Claim
For more information on pursuing your legal remedies against a health care facility, please contact Palmer | Lopez You can call 813-967-8505 or check out our website to set up a complimentary case evaluation at our office in St. Petersburg. We can advise you on your options and develop a strategy for seeking compensation after we review your unique circumstances.