10 August 2019 - Posted by Monsour Law Firm
Until 1991, if something happened to you at a healthcare facility, your doctor was liable. Hospitals said the doctor or surgeon wasn’t their employee, so whatever happened wasn’t their responsibility. That all changed with the case Thompson v. Nason Hospital, when a judge ruled hospitals are responsible for what goes on inside their walls. The resulting corporate negligence doctrine now applies to cases brought against small or large medical practices. Whether injury occurs in an emergency room, at a spine and joint care center, inside a rehab facility or in a nursing home, the facility is responsible for employees they allow to provide care within.
The unsettling truth is, up to 98,000 patients die in hospitals due to medical errors every year. An estimated 1.7 million infections occur because of healthcare mistakes, medical errors and adverse drug events. If you or someone you love was a victim, we can help.
The law considers hospitals liable for medical malpractice committed by doctors, nurses, therapists or any other staff members who work directly for the hospital. The court might find healthcare facilities liable for the physician’s role in any of the following:
The corporate negligence doctrine applies when your doctor works for the healthcare facility. If he or she is an independent contractor, the issue gets more complicated. Either way, you need the services of a qualified corporate negligence attorney.
If you’ve stayed in a hospital for any length of time, it probably wasn’t long before you felt like your room had a revolving door. You just want to rest, to get well, and to go home, but you’re constantly interrupted by a steady stream of individuals. Around the clock someone wants to monitor, measure, medicate or ask questions to chart your condition. With so many people involved in your care, sometimes serious mistakes occur that make you worse instead of better.
Nurses have a lot to keep up with, but that’s the job they signed up for. Here are some of the ways they might be negligent:
The hospital might be directly liable for mistakes that happened when you were receiving treatment. It’s medical malpractice when hospitals are negligent in hiring. For example, if they don’t verify the qualifications of the people they allow on your care team, you might receive care or treatment from someone who isn’t licensed to provide it. If the hospital doesn’t abide by patient safety protocols for sanitation, you might leave sicker than you arrived. Or, if they’re routinely understaffed, workers can’t provide the type and level of care patients need.
If you were injured in a hospital and you suspect you’ve been a victim of corporate negligence, time is of the essence and the issue is complex. Schedule a consultation with a qualified medical malpractice attorney at Monsour Law Firm for the best care and legal support possible.
Douglas C. Monsour, or Doug Monsour, is a trial lawyer who handles important and significant injury cases in Texas and across the nation. He is one of a handful of trial lawyers who have successfully tried multiple pharmaceutical, medical device, and mass tort product liability cases as the lead lawyer. He also vigorously represents injured oil field workers, victims of 18-wheeler wrecks, industrial accident victims, and those that have been severely burned.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Monsour who has more than 20 years of legal experience as a personal injury attorney.
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