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

Vicarious Liability

Vicarious liability is defined as one person being liable for the negligent actions of another person even though the first person was not directly responsible for the injury. When a hospital employee's malpractice injures a patient, the hospital itself may be held vicariously liable under the legal doctrine of "respondent superior." Under such doctrine, an employer may be held liable for the negligent acts of its employee, if the employee was acting within the scope of their employment when the negligent act or omission occurred. This is important to plaintiffs in medical malpractice actions, because it helps ensure there will be a financially responsible party to compensate an injured plaintiff.

In some situations, health care providers such as physicians are considered independent contractors rather than a hospital employee, and the doctrine of "respondeat superior" will not be applicable. This means if a doctor or other health care professional is an independent contractor, and commits malpractice while treating a patient in a hospital, the hospital cannot be held liable for the doctor's negligence. However, in granting attending privileges to an unlicensed or incompetent physician, the hospital can be held responsible for its own negligence.

Finally, in certain situations, a hospital may be vicariously or directly liable for the acts or omissions of contractors it retains to operate emergency rooms and outpatient facilities.

In some states, there are statutes that protect state-run health facilities. Throughout the country, there are hospitals that are actually teaching facilities and employ physicians who are considered employees of the state. These health care professionals, including residents and interns, are frequently given sovereign immunity, which limits their liability by shortening the time period in which an action can be filed, and placing maximum limits on the amount of damages and attorneys' fees that can be recovered.

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