Can I sue the Hospital in a Medical Malpractice Claim?
“Can I sue the hospital in a medical malpractice claim?” We get this question a lot at Carabin & Shaw, and the answer is, in most cases, yes. The key to suing for medical malpractice is being able to prove that a healthcare professional deviated from the standard of care, but sometimes, facilities create the situations that lead to negligence. If this can be proven, there is cause for a medical malpractice case against a hospital. If you feel as if you or a loved one has become victim to medical malpractice in Pleasanton, contact an attorney from Carabin & Shaw to walk you through your legal options.Can I sue the Hospital in a Medical Malpractice Claim?
Knowing whether or not the Pleasanton hospital is liable for the injuries that you or your loved ones incurred is important to know when building your case. Not only could you be filing a claim against the wrong party, but you could also be missing out on additional compensation in the case that both a hospital employee and the hospital are at fault.
An experienced attorney can help you sort through the rules and regulations regarding whether or not you can sue the hospital. First, your attorney will take into consideration all of the elements of the malpractice circumstances before providing a legal strategy and solution If you have yet to contact an attorney, there are a few circumstances that will gauge whether or not you may be able to sue a hospital for medical malpractice.When Can Hospitals be Sued for Malpractice?
Hospitals can be held liable for medical malpractice if their own negligence is proven through their corporate or administration practices. They can also be held liable for their employees’ negligence if it can be proven that their hiring practices led to malpractice.
In certain situations, a hospital can be held liable for malpractice through “vicarious liability,” even if their administration practices technically didn’t do anything wrong. If malpractice occurred while the doctor, nurse, or technician responsible was working within the scope of their job duties, the reasoning that “the boss” should be responsible, not the employee, allows the hospital to be the target of a malpractice claim. Situations like this can become tricky for several reasons for which you should reach out to an attorney for assistance.
Another way a hospital can be liable is if it can be proven that the hospital has knowingly kept an incompetent doctor on staff. This pertains both to Pleasanton doctors who are both employees and contractors of the hospital. If an attorney can prove that the hospital had previous information suggesting the employee was unable to perform his duties but continued to let him work, a hospital can be sued for medical malpractice.
The above situations are just a few examples in which a hospital can be sued in a medical malpractice claim. As with any other case, the claim will be based on providing concrete evidence of negligence. All medical malpractice cases are different depending on the procedure, treatment, and circumstances of the victim. This is one reason why it is so important to hire an experienced attorney to help you with your case.
An experienced Pleasanton medical negligence attorney will be well-versed in a variety of medical malpractice cases and will be able to determine whether suing a hospital for negligence makes the most sense in your case. If you or a loved one has fallen victim to medical malpractice in Pleasanton, contact Carabin & Shaw to assist you with your Pleasanton medical malpractice case. Our attorneys have ample experience fighting for the justice and compensation medical malpractice victims deserve, and the first consultation is free.
Contact Carabin & Shaw today for your free consultation at 800-862-1260.