If you are taken ill and you visit the doctor’s office, you trust that the healthcare professional you find has the skills and competence to diagnose and administer the right treatment so you can recover and carry on with your life. And most often, this is what happens. But what happens when things don’t go to plan and you suffer an injury at the hands of the healthcare provider?
If you sustain injuries while receiving treatment, you may be able to pursue damages through a medical malpractice claim. However, whether you can sue the facility or the professional largely depends on the circumstances of your case.
Holding the hospital liable for your injuries
Most medical malpractice cases boil down to what the healthcare provider did or did not do. However, there are instances when you can hold the hospital directly liable for your injuries. Here are some of these instances:
Negligent recruitment – The hospital has a duty to hire qualified professionals who can properly do their jobs. It also has a duty to conduct periodic reviews to ensure that these employees are duly licensed to practice. If the hospital knowingly hires and retains the services of an unqualified healthcare provider, then it may be deemed to have failed in its duty to patients. Consequently, it could be held liable for injuries caused by an incompetent employee.
When the facility is understaffed – It’s no secret that there is a nationwide shortage of qualified healthcare providers. When the hospital is understaffed, the workforce is likely to be stretched beyond capacity, and this can lead to a range of medical errors. In this case, the hospital rather than specific healthcare providers may be held liable for the resulting injuries.
Protecting your rights
A regular trip to the doctor’s office can end up being your worst nightmare. Instead of getting the care you need, you may instead suffer injuries at the hands of the healthcare provider. If this happens, you may be eligible for damages through a medical malpractice lawsuit.