Can I Sue the Hospital?

It is not likely that you can sue the hospital. Hospitals are not typically responsible for a doctor's mistake if the doctor is not a direct employee of the hospital. A majority of doctors are independent contractors, not employees of the hospital. This makes suing the hospital nearly impossible. You would have to sue the doctor directly if they are an independent contractor. However, there are exceptions to this rule, which are as follows:

  • Hospitals are responsible for a contracted doctor's malpractice if the hospital does not inform you that your doctor is not an employee. This information is usually provided in admission forms.
  • A hospital may be responsible for an Emergency Room's malpractice due to the fact several Emergency Room patients are not conscious, so they cannot be informed about their doctor's employee status.