Being injured due to treatment received in a hospital can be devastating. Having to deal with getting further medical treatment and the repercussions of the injury can seem overwhelming, and dealing with the legal aspects of the situation can be confusing as well. But, when it comes to medical malpractice, there are certain prerequisites that must be met for a lawsuit to go forth. Learn about these preconditions, so you can pursue legal recourse for your injuries.
For a person to sue a hospital for hospital negligence in Pittsburgh, the person who was not reasonably cautious when treating the patient must have been an active employee of the hospital at the time the incident took place. This may seem pretty clear cut, but not all health care workers who treat patients in a hospital are actual employees of the hospital. Nurses, paramedics, and medical technicians in a hospital typically are employed by that hospital. An employee must also be performing an action related to the care of the patient. In addition, a hospital worker must be on the clock when the incident occurred.
Being able to sue a hospital becomes more complicated when a doctor performed the actions that harmed the patient. If a doctor was clearly an employee of the hospital, a person can sue the hospital. However, if a doctor was not employed by the hospital, a person will have to sue the doctor directly for compensation. Most doctors who conduct medical care at hospitals are not considered hospital employees. They are considered independent contractors. When a hospital controls a doctor’s working hours, vacation hours, and fees he can charge, the doctor is more likely working for the hospital. Even when a doctor is not employed by the hospital, a hospital may be liable for the doctor’s actions if it appeared to be the doctor’s employer or if it lets an incompetent doctor continue to work there.
Hospital negligence in Pittsburgh is a situation that can profoundly affect a person’s life and well-being. Being able to file a lawsuit depends on many factors, including the status of the health care professional who caused the injury. If a doctor caused harm to a patient, it’s also influenced by the doctor’s status as an employee of the hospital. For more information on medical malpractice, please talk to a professional like the ones at Thomas E. Crenney & Associates, LLC.
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