Can You Sue a Hospital or Just the Doctor?

Because most people are not doctors, we rely on the trust that our medical providers will uphold their duty of care and treat us in accordance with the high standards expected of the medical community. Unfortunately, sometimes doctors make errors, hospitals cut corners or use negligent practices, and the result can be disastrous for a patient.

When a patient suffers harm from medical malpractice in an Illinois hospital, it’s important to understand when the hospital can be held liable for the damages rather than just the individual doctor. Reach out to our Chicago medical malpractice attorney today for a free case consultation with Smith LaCien LLP.

Is the Doctor a Hospital Employee or an Independent Contractor?

The first question to approach when determining whether to file a lawsuit against a doctor or the hospital is the doctor’s employment status. Does the doctor work directly for the hospital as a paid employee, or are they an independent contractor with privileges at the hospital?

Hospitals often use independent contractors to intentionally protect the hospital from direct liability, especially in the two areas of hospital care that experience the highest rates of malpractice: the emergency department and surgical units.

In most cases, if the medical malpractice injury directly resulted from a doctor’s actions, and they are not a hospital employee, the doctor is the subject of the lawsuit rather than the hospital. If the negligent doctor is an employee, the hospital may be liable, or partly liable, under the state’s medical malpractice law (Illinois Code of Civil Procedure 735 IlCS 5/2-622).

Was the Hospital Negligent in Its Staffing, Training, or Infection Prevention Procedures?

In some cases, a hospital can be held directly liable for a medical malpractice victim’s damages if the malpractice directly resulted from hospital negligence, for instance, under the following circumstances:

• If the hospital was negligent in its staff hiring practices, such as hiring an unqualified doctor, nurse, or other staff member
• For understaffing
• For administrative errors, such as mislabelling a patient’s name on medical records or failing to obtain a complete medical record
• If the medical malpractice could have been prevented with proper staff training or monitoring practices
• When the medical malpractice occurred from an institutional error, such as a hospital-borne infection that was preventable with proper infection mitigation measures
• If the hospital failed to inform the patient that the provider treating them was not a hospital employee, or hid the information in obscure languaging

It often takes an experienced medical malpractice attorney to investigate all aspects of the incident to determine if the hospital can be held liable in a lawsuit for failing to uphold its duty of care to the patient.

Why Is It Important to Know If You Can File a Lawsuit Against the Doctor or the Hospital?

Hospitals typically have far greater coverage under their liability insurance policies than a doctor’s medical malpractice insurance. When a hospital is held liable or jointly liable for medical malpractice, the injury victim may potentially receive a larger amount of compensation for common damages such as the following:

• Reimbursement for medical expenses
• Anticipated future medical expenses
• Lost wages
• Future income loss or diminished future earning ability due to disability caused by the malpractice
• Compensation for pain and suffering
• Catastrophic injury compensation if the malpractice caused irreversible harm, such as loss of limb, disability, chronic pain, disfigurement, organ loss, or the loss of vision or hearing
• Wrongful death damages for a close surviving family member after a medical malpractice death

A hospital may be held liable for damages if the negligence resulted from the actions of a direct employee, such as a nurse, technician, or physician, or if the malpractice directly resulted from administrative errors or negligence. Reach out to the Chicago personal injury attorneys at Smith LaCien LLP today.