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When Hospitals are Liable for Medical Malpractice

Posted by attorney Christopher Mellino

We want to believe that we can trust hospitals and doctors to take good care of us when we are injured, rather than injure us further. But sometimes mistakes are made and the patient ends up in a world of pain caused by a failed surgery, a misdiagnosis, failed medical machinery, or one of many other examples of medical malpractice. If you are that patient, you want to know who is responsible for your pain and who is liable for the compensation.

Hospital liability can be a tricky thing because there are many different parties – some employees of the hospital, some independent contractors – going in and out of a hospital on a daily, even hourly basis. But when it comes right down to it, the hospital is either liable, or it is not.

When a Hospital is Liable in a Medical Malpractice Claim

Hospital liability can almost always be established when your injuries have been caused by an employee of the hospital who was acting within the scope of their employment at the time, including:

· illnesses caused by a nurse administering the wrong IV medication;

· a doctor giving the wrong diagnosis;

· a surgeon who dropping a foreign object into a patient during surgery, and

· even more instances your attorney can confirm for you.

Hospitals are also liable for their equipment. It is the responsibility of the hospital to provide and maintain working equipment as well as train its employees to use that equipment properly.

The hospital must also have enough working equipment and operating rooms to handle its expected amount of patients and procedures on a given day. If your injury or illness was caused by faulty equipment then hospital liability should be able to be proven.

When a Hospital May Not be Liable in a Medical Malpractice Claim

Many hospitals employ independent contractors who are able to use the hospital facilities to treat patients without being technically employed by the hospital. Still other doctors make agreements with hospitals so that they can use the facilities and treat patients but then receive payment directly from the patients.

These types of independent contractor situations are not financially connected to the hospital in any way. This can muddy the waters of hospital liability.

If one of these independent contractors makes a treatment mistake that has nothing to do with the hospital’s equipment, the hospital may be able to claim that it is not liable since it has no binding ties with that individual doctor.

But these types of cases are never clear-cut. If you have any confusion about whether or not a hospital or doctor is liable in your medical malpractice claim in Ohio, it is important that you contact a Cleveland medical malpractice attorney. An experienced attorney can help you to determine exactly who is liable and how to best go about filing your medical malpractice claim.

At Mellino Robenalt, LLC, our attorneys have the experience and the drive necessary to get you the compensation you deserve. If you have been injured or made ill because of hospital negligence, contact one of our Cleveland medical malpractice attorneys today. You can also review our free eBook, _ Was it a mistake? Your Ohio Medical Malpractice Questions Answered._

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