When you go to the hospital, getting a new injury or illness is usually the last thing on your mind. If you are hurt, then it’s important to determine what caused your injury and who was responsible.
Often, either the doctor or hospital’s negligence directly caused your injury. If that’s the case, then you’re eligible to pursue a medical malpractice claim against the liable party. When can you sue the hospital for medical malpractice? Learn everything you need to know below.
Was the Hospital Negligent?
A hospital has a duty to care for its patients, and it’s also responsible for the actions of the hospital employees. If a hospital employee’s negligence caused your injury, then you’d need to seek a claim against the hospital. Here’s an overview of who is often considered a hospital employee:
- Medical technicians
- Support staff
Doctors are not always considered hospital employees. If your doctor isn’t considered one, then you may have to seek out a claim against the doctor.
Is My Doctor Liable for my Injuries?
Many doctors operate under the scope of “independent contractors” in hospital settings. That means that their negligence isn’t always the hospital’s legal burden. Even if your doctor isn’t an employee, the hospital might still be held liable under these conditions:
- The hospital knowingly employed an incompetent doctor
- The hospital appeared to be the doctor’s employer
If you’re considering suing either the doctor or hospital, then it’s advised you seek out an attorney’s advice.
Contact A Medical Malpractice Attorney for a Consultation About Your Medical Malpractice Case in New Jersey
Were you or a loved one injured due to medical malpractice in New Jersey? Then you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The Haddonfield medical malpractice attorneys at Andres & Berger, P.C. are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout New Jersey, including Haddonfield, Cherry Hill, Voorhees, and Marlton. Call us today at 856-437-4080 or fill out our online contact form to schedule a consultation.
Our main office is located at 264 Kings Highway East, Haddonfield, NJ 08033 and we also have offices in East Gate, One Liberty, and Princeton Overlook.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.