Hospital Error Attorneys in Roanoke

When a medical error causes a patient to suffer illness, injury or death, the question turns to whether the hospital should be held liable. As we discuss below, this issue is a complex one. It requires a thorough investigation and skilled legal analysis. For this reason, you should consult with an experienced medical malpractice attorney as soon as possible if you suspect that a medical error has harmed you or a loved one.

At Lichtenstein Law Group PLC, our attorneys have years of medical malpractice litigation experience. We can review and evaluate your case and help you to understand and explore all legal options available to you. To learn more, contact us today and receive a free consultation through our offices in Roanoke or Charlottesville.

What Are The Most Common Hospital Errors?

Every day, a wide range of errors occur in Virginia hospitals, clinics and other health care facilities. Many different professionals who are involved in the care and treatment of patients commit these errors, including doctors, nurses, anesthesiologists and lab technicians. Some of the most common errors are:

• Diagnostic errors
• Medication errors
• Surgical errors
• Anesthesia errors
• Birth injury-related errors.

A medical error rises to the level of medical malpractice if it involves a medical professional’s failure to meet a recognized standard of care. In other words, did the medical professional fail to do what other medical professionals would have done under the same or similar conditions and circumstances? Additionally, to establish a medical malpractice claim, a patient or surviving family members must show that the malpractice directly and substantially caused the patient’s injury or death. If those tests are met, then the focus turns to who should be held liable.

Can Hospitals Be Liable for Employee Errors?

Generally speaking, a hospital in Virginia can be held liable if a patient suffers harm due to the negligent act or omission of a hospital employee. This is often referred to as “vicarious liability” or “respondeat superior” liability. For the hospital to be liable, the employee must have committed the medical negligence while acting within the course and scope of his or her employment. For example, a hospital could potentially be held responsible if a nurse gave a patient a wrong dose or type of medication.

In some situations, a hospital may be liable for its own negligence. Many medical errors, for instance, result from systemic problems in a hospital. The hospital may:

• Hire employees without conducting adequate background checks
• Fail to ensure that staff members are properly educated, trained and supervised
• Provide staff members with inadequate or poorly maintained equipment
• Fail to maintain adequate staffing levels
• Fail to establish patient safety protocols or to enforce existing policies.

For example, if a patient suffers an infection due to contact with a staff member with unwashed hands, the hospital could be liable if it failed to put a hand-washing policy into place, never enforced a washing policy or failed to provide staff with readily available disinfectant.

Preventable hospital errors are a major problem in Virginia and across the country. These errors can carry devastating consequences for patients and their families. As a Johns Hopkins study found, medical errors in U.S. hospitals are actually the country’s third-leading cause of death, contributing to an estimated 250,000 deaths per year.

Are Doctors Considered Hospital Employees?

Nurses, paramedics, lab techs and other support staff typically are considered to be hospital employees. A hospital can be held liable if those employees’ negligence hurts a patient. However, in today’s health care industry in Virginia and elsewhere, most doctors are not considered to be employees. Instead, most doctors are “independent contractors.”

If a doctor is an independent contractor and not an employee, the hospital typically cannot be held liable for the doctor’s negligence. Additionally, a hospital may try to avoid liability if one of its employees acts negligently while under a non-employee doctor’s supervision. The rationale is that the doctor was present and had control of the employee, so the doctor was in the best position to prevent the negligence and harm.

Regardless of how a hospital classifies a doctor, it is important to look at the actual nature of the doctor’s relationship with the hospital. Even if a hospital deems a doctor to be an independent contractor, the doctor may still legally be an employee. It is important to look at whether the hospital sets the doctor’s work schedule and controls how the doctor charges fees.

Can You Sue a Hospital for Medical Errors Even If the Doctor Was Not an Employee?

In some cases, a hospital can be held liable for a doctor’s medical malpractice even if the doctor was an independent contractor and not an employee. The two most common situations are:

• Apparent agency – Some doctors and hospitals give patients the impression that a doctor is a hospital employee. If this occurs, the hospital may be liable for the doctor’s malpractice unless it clarifies that the doctor is not an employee. For instance, the hospital may explain the relationship on its admission forms.
• Negligent hiring and retention – Additionally, a hospital may be liable if it brings a doctor on board as an independent contractor without adequately checking the doctor’s background or monitoring the doctor’s performance. The hospital may, for instance, overlook a doctor’s history of substance abuse problems or medical malpractice claims, or it may ignore a string of errors that the doctor makes while working at the hospital.

Our Roanoke Medical Malpractice Attorneys Can Help You

Do you suspect that you or a loved one suffered harm due to a preventable hospital error? If so, the skilled and experienced Roanoke medical malpractice lawyers of Lichtenstein Law Group PLC want to help you. We are master litigators who have the experience and resources that it takes to hold negligent hospitals and medical professionals accountable.

A medical malpractice claim can involve highly complex issues. Our law firm will know how to conduct a thorough investigation of your case. We also regularly consult with knowledgeable experts in many different areas of medicine. If we determine that a medical malpractice claim should be pursued on your behalf, we will aggressively pursue all compensation that you are due through negotiation and settlement or, if necessary, by taking your case to trial.

The investigation of a hospital error case should begin as early as possible. So, call or reach us online today to discuss your case in a free and confidential consultation.