The moment a patient arrives at a hospital, they’ll begin interacting with the staff at all levels. It’s not uncommon for a patient to have 10 to 15 distinct interactions during an average four-hour emergency room visit. There would be several other staff members in administration, radiology, and blood labs that would also impact that patient’s care.
Anywhere along that chain of support, negligence can occur, leading to further harm.
That makes nearly anyone who had a hand in a patient’s admission, care, and treatment liable for a medical error in a hospital.
These liability issues are also why medical malpractice cases are extremely complex.
They require the support and guidance of a knowledgeable Philadelphia medical malpractice attorney who can present viable options for pursuing accountability and compensation.
Understanding the Theory of Vicarious Liability in Hospitals
When you “live vicariously through someone,” it means you’re experiencing their feelings and emotions connected to an accomplishment rather than actually experiencing that for yourself. Vicarious liability for a hospital is similar in that a hospital, as an entity, can be held liable for the actions of its employees.
These are the key concepts of how vicarious liability would apply to medical malpractice cases:
Respondeat Superior
This is the Latin phrase that means “let the master answer.” As a legal concept, it holds employers liable for the wrongful acts of their employees, provided the act occurred within the scope of employment.
This can include:
• Doctors
• Surgeons
• Specialists
• Nurses
• Technicians
• Pharmacists
• Anesthesiologists
• Radiologists
• Administrative personnel
Independent Contractor Exception
Hospitals can be held vicariously liable for the actions of their staff but not for independent contractors. For instance, a private physician with privileges might not be considered an employee of the hospital.
Scope of Employment
The negligent act must occur while the employee is working for the hospital. Typically, this would mean any care provided during a scheduled shift. However, if a doctor were driving home and came upon the scene of an accident and administered aid, he wouldn’t be considered “working” for the hospital at that time.
Ostensible Agency
If a patient reasonably believes a doctor is a hospital employee, the hospital could be held liable for the doctor’s actions, even if the doctor is a contractor. This often occurs in the fast-paced environment of an emergency room, where decisions about diagnosis and treatment are made quickly.
A skilled medical malpractice attorney can help determine who needs to be held accountable in a claim.
When the Hospital Is Directly Liable for Negligence
When it comes to assigning liability, you might think it is just a single doctor, but there could be a lot more entities involved. The hospital may be held liable for corporate negligence.
For instance, a hospital can be held liable for negligent hiring practices such as failing to verify a physician’s license or ignoring a poor professional record.
A hospital can also be found directly liable if it fails to provide adequate staffing to monitor patients or neglects to maintain medical equipment. If an infection causes harm, the hospital could be liable for failing to maintain sanitary conditions.
When the hospital fails to properly supervise or train staff, especially in emergency room care, there may be grounds for another cause of action.
The Role of the Certificate of Merit in Determining Liability
Under the Pennsylvania Rule of Civil Procedure 1042.3, a Certificate of Merit is required in order for a medical malpractice claim to move forward. That document must be filed within 60 days after filing the complaint.
The purpose of a certificate is to verify that the claim involves a reasonable probability of negligence. That needs to be determined by a licensed professional in a related field.
For instance, if the claim involves a surgical error, then a surgeon needs to review the evidence in order to write the certificate. If the certificate isn’t filed, the case could be dismissed before it gets started. The legal team at Shrager, Sachs, & Blanco has a reliable network of medical professionals that we call on to obtain the Certificate of Merit and support our strategy.
Statute of Limitations for Medical Errors in Pennsylvania
In a typical personal injury lawsuit, you have two years from the date of the incident to file the complaint. That also applies to a medical malpractice claim, but with an exception.
If the injury wasn’t immediately discovered, the two-year timer begins when the patient discovers the injury. It is essential that you meet the filing deadline, or your case could be dismissed.
It is understandable if the prospect of making deadlines, obtaining a Certificate of Merit, and identifying all the liable parties seems overwhelming. That’s when the legal team at Shrager, Sachs, & Blanco can prove to be a valuable asset. We have a track record of success helping clients and their families take on hospitals and medical professionals whose negligence has caused harm.
We also understand how emotionally challenging these cases can become. No one wants to accuse a doctor of malpractice, especially if you have a long relationship with that doctor.
However, you should not be saddled with additional medical expenses or have to deal with the pain, suffering, and disruption to your life as a result of that negligence. If liability can be established, you’re entitled to compensation.
If you believe that you’ve been harmed by a medical professional, we want to hear from you.
Call for a free consultation to get answers to all your questions about moving the claim forward.
