Can Hospitals Be Liable for Medical Malpractice?
Approximately 20,000 medical malpractice suits are filed each year. What you may not realize is that malpractice is not just restricted to practitioners but also involves hospitals and institutions that fail to meet acceptable standards. Unfortunately, due to the red tape and other protections that hospitals implement, victims often struggle to recover the damages they deserve.
Nobody should bear the burden of paying for medical bills and lost wages due to administrative negligence, inadequate staffing, or a practitioner’s oversight. If you have evidence of hospital negligence, the medical malpractice lawyers at Parham Smith & Archenhold can help you.
Administrative Negligence
Protocols serve to eliminate or reduce the risk of errors. When a hospital administrator, management, or support staff member fails to adhere to protocols and operating procedures, it is patients who suffer. Examples of administrative negligence in a hospital include:
- Not training current staff or not training them properly
- Poor communication between management and administrative staff
- Failing to maintain patient records
- Not properly sterilizing operating rooms
- Not thoroughly cleaning or sanitizing hospital rooms
Insufficient Staffing
As of 2025, there are approximately 400,000 vacant nursing positions, with more nurses than ever before retiring from the profession. The mass exodus is primarily due to healthcare worker burnout and an aging workforce. The COVID-19 pandemic only highlighted the issues with nursing, increasing the number of patients that each nurse must manage. When a nurse has a heavy patient load, there can be significant delays in dispensing medications and administering treatments.
While there may be leeway on certain medications, others must be administered promptly to avoid potential complications. The increasing demands placed on nurses and other staff are deterring younger individuals from entering the field. If these trends persist, staffing issues will likely continue to escalate.
Practitioner Oversight
Many times, the hospital or institution may be named as a co-defendant when the practitioner is the sole party responsible for malpractice. The hospital will be named as part of the suit when the practitioner is an employee or by an agent of the hospital (such as a staffing agency). Since the first person you see when you enter a hospital is a triage nurse or ER doctor, emergency medicine providers are at a high risk of facing a malpractice claim.
Common examples of physician negligence include:
- Misdiagnoses
- Delays in reaching a diagnosis
- Prescribing the wrong medication or dosage
- Surgical errors
- Failing to obtain informed consent
A triage nurse who takes an incomplete history and does not recognize the severity of your condition can also be subject to liability. Although physicians and nurses carry their own malpractice insurance, hospitals also maintain separate liability insurance to protect themselves in different situations.
Prevalence of Medical Malpractice in South Carolina
In the most recent five-year period, approximately $284.5 million was paid in medical malpractice claims in South Carolina. This is an increase of over $60 million from the previous five years. As patients, we rely on physicians, nurses, and other medical staff to effectively treat our condition and help us feel better.
If you were given subpar medical care during a recent hospital visit resulting in harm, you may be able to recover medical costs, lost wages, and other losses. A physician’s or hospital’s oversight should not impact your ability to pay your living expenses and other bills. The medical malpractice attorneys at Parham Smith & Archenhold are available to speak with you to discuss your legal options.
Contact Our Greenville Medical Malpractice Attorneys Today
Medical providers and institutions have a duty to fulfill their professional responsibilities in caring for patients. At Parham Smith & Archenhold, we understand the physical, emotional, and financial hardships that victims of medical malpractice endure. If you are ready to learn the true worth of your medical malpractice case, our legal team is prepared to help. To schedule your free consultation, contact us online or call (864) 432-1796.