When many people in New Mexico think about who is responsible for a surgical error, misdiagnosis or other type of medical negligence, they think first of the doctor involved in the case. If a nurse or other staff member was involved, they might come to mind as well. Did you know, however, that licensed medical professionals are not the only ones who can be held accountable for medical malpractice?
When considering filing a medical malpractice claim, it is also important to look beyond the doctors and nurses who were directly involved in the situation. The hospital itself, for example, may have some liability in the matter.
One situation in which a hospital may be named in a medical malpractice lawsuit is if a shortage of staff members contributes to a person’s injury or death. Hospitals are responsible for ensuring that their facilities are fully staffed to ensure all patients get the care they need.
A hospital is also responsible for maintaining responsible hiring practices. This means it must look into the backgrounds of the people it hires. By failing to notice a red flag that would have been noticeable with a reasonable review, the hospital may be held responsible for corporate negligence.
Finally, a hospitals can be held liable for a number of other oversights and mistakes, including failing to keep accurate medical records, not treating patients with emergency medical conditions in a timely manner, and failing to conduct necessary clinical tests.
Knowing whether the hospital negligence played a role in medical malpractice is not always easy. When dealing with any type of medical malpractice situation, it can be helpful to work with an experienced lawyer who can help you determine all of the parties that may have contributed to your situation.
Source: FindLaw, “Medical Malpractice: Who Can Be Sued?” Accessed March 20, 2015