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Hospital Negligence in Florida
It goes without saying that many serious claims for medical malpractice arise from procedures and treatment given to patients in hospitals. A hospital itself is generally liable for any actions of its employees that are undertaken within the scope of their employment. For example, a hospital is responsible for the actions of a doctor or nurse employed by the hospital in the course of providing care to patients in the hospital.
Certain issues arise when a doctor is not an employee of the hospital, but rather has privileges at the hospital. Normally, these doctors bill patients for services directly, rather than through the hospital, though this is not always the case.
Often, these doctors are considered independent contractors rather than employees of the hospital, and the hospital may not be liable for negligence of these doctors, though there are a number of exceptions to this rule that require careful analysis on a case by case basis.
In some situations, a doctor can be deemed the “apparent agent” of the hospital if the physician is selected by the hospital and not the patient, and there is no indication that the doctor is independent.
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In other situations, the hospital is responsible for physicians who have the label “independent contractors,” such as emergency room physicians, surgeons or anesthesiologists per Florida law. This is true because the hospital provided you with those professionals, and is deemed by law to have a non-delegable duty to provide those services to you.
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If you or a loved one has been injured as a result of possible medical malpractice, call Brotman Nusbaum & Ibrahim now at (888) 661-6266 or fill out the form bellow.