MEDICAL MALPRACTICE | BACK TO PRACTICE AREAS
FREQUENTLY ASKED QUESTIONS

I. General Information about Medical Malpractice
II. Variations in Medical Malpractice Cases
         A. Negligence of Hospitals, Physicians and Others
         B. Misuse of Medications and Medical Devices
         C. Emergency Situations vs. Informed Consent
         D. Contract/Warranty Breaches
         E. Certificate of Merit
III. Health Care Provider Roles
IV. Hospitals
V. Vicarious Liability
VI. Duties of Pharmaceutical Companies/Manufacturers
VII. Prescription Medications
VIII. Expert Testimony & Res Ipsa Loquitur
IX. Conclusion

Hospitals

Hospitals are corporations that are either public or private entities. In some medical malpractice actions, hospitals can be held directly liable for their own negligence.  Hospitals can also be held vicariously liable for the negligence of their employees, meaning a party is not held responsible for its own negligence, but for the negligence of another.

A hospital's medical staff will consist of licensed physicians and other licensed health care providers, such as nurses, physician's assistants, and nurse practitioners. Before hiring its medical staff, a hospital must make reasonable inquiries into an applicant's education, training and licensing. If a hospital neglects to make reasonable inquiries regarding a member of its medical staff, it may be held liable under the corporate negligence doctrine for negligent supervision or retention, if the staff member's negligent care causes injury to a patient.  Hospitals are required to be sure that there are a sufficient number of registered nurses on duty at all times to maintain quality patient care. Another area of possible liability happens when a hospital's employees fail to follow the orders of a patient's private health care professional.

Finally, hospitals may be held liable for failing to protect patients from harm, adequately perform clinical tests, keep accurate medical records, and properly admit and/or discharge patients. Pertaining to admissions, hospitals are generally required to treat seriously injured or ill people on an emergency basis, and refusing to do so may result in hospital liability. Furthermore, federal and state statutes prohibit hospitals from discriminating against people based on their race, color, religion or national origin, or on their inability to pay for treatment.

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