Should I Sue a Doctor or The Hospital?

We trust our doctors to make the right choices and guarantee our well-being and safety. But doctors are still prone to making mistakes. If their errors cause harm to you or your family, you have the constitutional right to pursue compensation for your injuries. In this case, you may file a lawsuit against the doctor, hospital, or both, depending on the circumstances of the medical malpractice incident.

Typically, the doctor’s fault is clear. But, when it comes to surgical procedures and other medical treatments, several parties are commonly involved. There are also instances when a hospital can be at fault for medical errors. Filing a medical malpractice claim comes with specific steps. The initial and most crucial one is to establish whether the physician or hospital should be held responsible.

Consult with a Charleston, SC, medical malpractice attorney to determine which party should be held responsible for your injuries. In the meantime, read on to learn how you can determine which party should cover your damages.

Is The Hospital or Doctor Liable for My Injuries?

Determining who is at fault for medical negligence usually depends on where the at-fault party is actively employed. If the medical practitioner works at a hospital, the hospital may be the party to blame. If the physician is not hired at the hospital where the malpractice occurred, they may be held personally responsible.

You can file a case against the hospital if a staff member was negligent or irresponsible and their behavior led to your injury. Generally, hospitals are held responsible for what their employees do. Who are hospital workers? They consist of nurses, medical technicians, and support personnel who are hired by the hospital. There are some exceptions to the rule, of course, and it’s important to remember that every case is unique, which is why working with a Charleston, SC, medical malpractice attorney is vital in malpractice cases.

Alternatively, if a physician committed a similar error of injuring a patient in the same hospital, the hospital might not be responsible since a lot of doctors are independent contractors. This means that they aren’t considered to be hospital employees. In such instances, victims of medical negligence would opt to take legal action against the physician and/or the physician’s own medical practice. But, again, it is crucial to note that every situation is different and that there are exceptions to this norm.

In case you were injured by a hospital staff member who is managed by a physician who is an independent contractor, for instance, you may be able to sue the physician, the hospital, or the two parties. Or, in a situation in which a hospital continues to employ a physician who, even as an independent contractor, is considered unprofessional, the hospital can still be at fault for the harm or injuries the physician caused.

Talk to Our Skilled Charleston Medical Malpractice Attorney

The Charleston, SC, medical malpractice attorney at Parham Smith & Archenhold will work hard to ensure you obtain full compensation for your damages if a doctor, hospital, or other healthcare provider injures you. To arrange your free case review with our Charleston, SC, medical malpractice attorney, call 864-242-9008 or contact us online.