What Is Vicarious Liability in Medical Malpractice?

Some medical malpractice cases can involve many parties. Vicarious liability may be an issue if hospitals, doctors, or other entities are liable for their employees’ negligence. Learning about vicarious liability may help you determine whether it’s involved in your medical malpractice case.

When a hospital fails to inform you that a doctor is not a direct employee, the hospital may be held liable for that doctor’s actions, too. You may be entitled to compensation such as lost wages and the costs of medical care.

Learn more about vicarious liability in a medical malpractice case from an experienced medical malpractice lawyer, who may be able to help you recover compensation.

Understanding Vicarious Liability

In medical malpractice cases, the doctor who caused the injury may not be the only one liable for your injuries. The hospital that employed the doctor can be “vicariously” liable under the doctrine of respondeat superior.

This legal doctrine, which means “let the master answer” in Latin, holds an employer responsible for the negligent acts of employees made in the scope of employment.

For example, under the theory of respondeat superior, a hospital may be vicariously liable for a doctor’s wrongful acts performed while working when:

• The injury occurred when the doctor was working at the medical facility
• The doctor’s actions occurred while performing the service you hired them to do
• The doctor’s employer received a benefit from the activity they were performing at the time of the injury

Concerning medical malpractice cases, respondeat superior can involve the employer-employee relationship between the doctor and the hospital. It can also involve other parties.

Potential Responsible Parties in Medical Malpractice Cases

Several parties can be liable for medical negligence in malpractice cases, including the following:

• Doctors
• Health care facilities
• Hospitals

For example, if a doctor leaves a patient with a medical student, an untrained nurse, or any other health care professional, and they fail to provide the required standard of care, the doctor can be held liable for resulting injuries. A doctor can also be responsible for partners and associates that are part of their private medical practices.

Hospitals or health care facilities can be held liable for staff members’ negligence, including independent contractors. They can even be liable when a doctor causes an injury while practicing at a different health care facility.

Scenarios Where Vicarious Liability Applies

Vicarious liability applies in a variety of scenarios. Incidents where vicarious liability could apply including when a doctor:

• Misdiagnoses a patient
• Fails to follow up with patients
• Fails to properly monitor a pregnant patient, causing a birth injury
• Makes a surgical mistake during an operation in an emergency room
• Makes a medication error

Whether medical malpractice occurred can be complex, especially when involving legal issues like vicarious liability. In some cases, the medical professional who treated the patient may be liable. In other cases, the hospital could be the liable party.

Pursuing a Claim Under Vicarious Liability

Bringing a medical malpractice claim for a health care professional’s negligence is complicated. For such liability claims, hiring a medical malpractice lawyer to help you with your lawsuit is critical.

In medical malpractice claims, you must prove that a doctor, nurse, or other employee was the hospital’s “actual agent.” It’s also possible that a hospital can be liable under a theory of “apparent agency,” where employees are not actual employees but independent contractors.

Doctors, hospitals, and their insurance companies will vigorously defend their bottom lines. It’s common for an employer to argue that vicarious liability does not apply, especially if the negligent person was an independent contractor. The defense may also argue that a health care professional acted outside of working hours or the scope of employment. It’s important to have an experienced lawyer building your best case to contest these claims.

Get Legal Representation for Vicarious Liability Cases

If you or a loved one experienced medical malpractice or wrongful death resulting from a doctor’s negligence, don’t delay in getting help. An experienced medical malpractice attorney can help you with your medical malpractice suit.

A medical malpractice attorney will know the applicable case law and provide legal advice for your claim. They will also ensure that you follow all the procedural requirements required for medical malpractice cases. This includes bringing your case before the statute of limitations expires and gathering all relevant evidence.