Medical malpractice cases are somewhat complicated because in many instances, there may be other California parties that can be held liable for medical negligence or error, not just the doctor who performed the malpractice. The legal doctrine of vicarious liability often comes into play, and under certain circumstances, the hospital where the malpractice occurred may also be held liable for the negligent act.
What Is Vicarious Liability in Medical Malpractice Cases?
The Legal Dictionary explains that vicarious liability is a legal doctrine that imputes responsibility for injuries committed by a person to the entity that possesses a specific legal relationship with the person that performed the injury. This doctrine can apply to several relationships, including those between a parent and child, spouses, and an employer and employee. In the case of employers and employees, vicarious liability takes the form of the doctrine of “respondeat superior,” which holds that an employee’s negligence occurred within the scope of his or her employment.
Findlaw states that vicarious liability can be a factor when it comes to medical malpractice. When an employee of a hospital causes injury to a patient, the hospital could be held liable for the malpractice under the respondeat superior doctrine. In this case, if the hospital employee acted within the regular scope of employment when the malpractice occurred, the hospital can be held responsible. A medical negligence attorney can help determine whether this standard applies in a particular case.
When a Hospital May Not Be Vicariously Liable
However, not all malpractice qualifies for vicarious liability. Some health care providers are not direct employees of a hospital, but are independent contractors. Should a doctor or medical professional who is an independent contractor commit malpractice in a hospital, the hospital is generally not vicariously liable. However, in some cases, such as when a hospital retains contractors to operate an emergency room or outpatient facility, courts may apply the doctrine of apparent agency to hold the hospital vicariously liable if patients reasonably believed the contractor was a hospital employee. Because the line between an employee and an independent contractor can be unclear from a patient’s perspective, anyone who believes a hospital or its staff caused harm through negligence may want to discuss the facts of the case with a medical malpractice lawyer or vicarious liability attorney familiar with these distinctions.