Hospital
Hospitals are corporations that are either public or private entities. In some medical malpractice actions, hospitals can be held directly liable for their own negligence. Hospitals can also be held vicariously liable for the negligence of their employees, meaning a party is not held responsible for its own negligence, but for the negligence of another.
A hospital's medical staff will consist of licensed physicians and other licensed health care providers, such as nurses, physician's assistants, and nurse practitioners. Before hiring its medical staff, a hospital must make reasonable inquiries into an applicant's education, training and licensing. If a hospital neglects to make reasonable inquiries regarding a member of its medical staff, it may be held liable under the corporate negligence doctrine for negligent supervision or retention, if the staff member's negligent care causes injury to a patient. Hospitals are required to be sure that there is a sufficient number of registered nurses on duty at all times to maintain quality patient care. Another area of possible liability happens when a hospital's employees fail to follow the orders of a patient's private health care professional.
Finally, hospitals may be held liable for failing to protect patients from harm, adequately perform clinical tests, keep accurate medical records, and properly admit and/or discharge patients. Pertaining to admissions, hospitals are generally required to treat seriously injured or ill people on an emergency basis, and refusing to do so may result in hospital liability. Furthermore, federal and state statutes prohibit hospitals from discriminating against people based on their race, color, religion or national origin, or on their inability to pay for treatment.
Vicarious Liability
Vicarious liability is defined as one person being liable for the negligent actions of another person even though the first person was not directly responsible for the injury. When a hospital employee's malpractice injures a patient, the hospital itself may be held vicariously liable under the legal doctrine of "respondent superior." Under such doctrine, an employer may be held liable for the negligent acts of its employee, if the employee was acting within the scope of their employment when the negligent act or omission occurred. This is important to plaintiffs in medical malpractice actions, because it helps ensure there will be a financially responsible party to compensate an injured plaintiff.
In some situations, health care providers such as physicians are considered independent contractors rather than a hospital employee, and the doctrine of "respondeat superior" will not be applicable. This means if a doctor or other health care professional is an independent contractor, and commits malpractice while treating a patient in a hospital, the hospital cannot be held liable for the doctor's negligence. However, in granting attending privileges to an unlicensed or incompetent physician, the hospital can be held responsible for its own negligence.
Finally, in certain situations, a hospital may be vicariously or directly liable for the acts or omissions of contractors it retains to operate emergency rooms and outpatient facilities.
In some states, there are statutes that protect state-run health facilities. Throughout the country, there are hospitals that are actually teaching facilities and employ physicians who are considered employees of the state. These health care professionals, including residents and interns, are frequently given sovereign immunity, which limits their liability by shortening the time period in which an action can be filed, and placing maximum limits on the amount of damages and attorneys' fees that can be recovered.
Duties of Pharmaceutical Companies Manufacturers
If a pharmaceutical manufacturer fails to warn health care professionals of a drug's potential side effects or dangers, the manufacturer may be liable if a drug caused a patient injury. A pharmaceutical manufacturer's primary duty is to physicians. A manufacturer will generally not be liable for a patient's injuries, as long as it sufficiently informed the physician of any and all risks associated with a certain medication.
As far as a patient is concerned, a pharmaceutical company only owes a duty to ensure that the medication it manufactures will be reasonably safe when it is used as directed. To ensure a drug's safety, the manufacturer researches the drug's possible side effects and risks before putting it on the market. If the pharmaceutical manufacturer fails to sufficiently warn a physician of a drug's potential dangers, the drug becomes what is known under product liability law as unreasonably dangerous, and the manufacturer might be held liable for the failure to provide the proper warnings.
The prescribing physician is considered a learned intermediary, which means that because of his/her superior medical knowledge, and assuming he/she has been given adequate information from the manufacturer, he/she is in the best position to determine whether a particular drug or device is appropriate for a patient. Thus, the physician has the primary duty of advising the patient of the risks and/or side effects of a particular medication or medical device which he/she prescribes.
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