Someone who goes to a hospital should be able to expect that they will be provided with a certain level of care. If a hospital fails to provide this level of care in any way, the hospital may be considered liable for harm to a person. Two common types of liability are hospital negligence and vicarious liability.
Hospitals may be considered negligent for a variety of reasons. When hiring medical staff, it is up to the hospital to ensure that everyone from nurses to doctors are capable and will provide proper levels of care. Additionally, it is up to hospitals to ensure that these individuals are properly supervised and that there are sufficient numbers of people on staff to care for patients.
Another form of liability is vicariously liable. If a patient is harmed due to a member of the medical staff's negligence, the hospital may be held vicariously liable as the actions of staff are the responsibility of the hospital. In some cases, the liability of the hospital may be limited if the hospital's staff is composed of independent contractors, but even this will not completely protect a hospital from liability.
When someone goes to the hospital for care, they expect that they will get better. However, if something bad happens, individuals may not always be able to successfully bring a medical malpractice suit against the hospital. In some cases, illnesses and medical conditions are not able to be treated 100 percent effectively, and some surgical errors may be unavoidable. Unless negligence was involved, harm that someone suffers at a hospital may not be considered malpractice. A lawyer could go over someone's case and help them determine what legal options may be available to them.