Medical Malpractice: Understanding Vicarious Liability in Cleveland, Ohio October 1, 2012.
When a medical professional injures a patient, the hospital or clinic may be held liable for negligence. There are several types of professionals that may be liable for medical malpractice in addition to agencies and institutions. If you have suffered an injury due to a medical professional’s negligence, contact a Cleveland medical malpractice attorney.
Under the doctrine of vicarious liability, a hospital or clinic can be held responsible for the negligent actions of its employees. In legal terms, it is considered "respondeat superior" which means "let the master answer" in Latin. You may be able to hold an institution liable for its employees’ misconduct provided the medical personnel was performing their job duties when the negligence occurred.
There is one caveat, however. If the doctor is considered an independent contractor, vicarious liability will not apply to the hospital. If it can be proven that the hospital itself was negligent when it failed to evaluate the competency of its physicians, you may be able to hold the hospital itself liable for its carelessness.
Oftentimes, hospitals will attempt to limit their own liability by granting doctors staff privileges – which means the hospital itself will not oversee the physician’s roles and responsibilities.
How a Cleveland Medical Malpractice Attorney Can Help
Determining one or several parties liable for medical malpractice can be difficult. Mellino Law Firm has a proven track record when pursuing medical malpractice claims against various health care professionals. Helping to determine liability, gathering pertinent evidence, and securing expert testimony are among the ways we can help ensure you are compensated for your injuries. Contact us today at (440) 333-3800 to get started.