When you discover that the hospital where you have been admitted is guilty of medical malpractice or negligence then it’s natural to feel indignation and contact Medical Negligence solicitor. Should you sue the hospital for medical negligence or malpractice? Though it may appear that the hospital is responsible for your treatment (or lack of it) actually the blame might lie with paramedics/medical technicians/ nurses or doctors.
Can doctors be considered as hospital employees?
Whether or not the doctor is an employee of the hospital depends upon the commercial relationship between the hospital and the doctor. Some doctors may be direct employees of the hospital but most are not. There are doctors who are independent contractors and therefore non employees.
If the hospital controls the working hours, vacation timings and the service rules of the doctor then the doctor is more likely to be an employee. If the fees that the doctor charges is set by the hospital then the doctor is an employee.
If the doctor is not an employee then his liability is not the hospitals and the hospital will not have to pay compensation for damages done by him.
When is a hospital responsible for action of non employee doctor?
If a hospital does not clarify to a patient that the attending doctor is not an employee, then this behaviour amounts to “suppression of facts” and the hospital can be sued for the malpractice/ negligence of the doctor. It should be mentioned in the admission form that the doctor is not an employee.