Compared to many other types of personal injury cases, medical malpractice cases are typically complex, and determining who is liable for injuries sustained requires looking at events leading up to the incident at hand.
For instance, if you sustain harm or injuries due to a negligent physician, nurse, or medical professional, you would probably automatically assume that this person is solely responsible for your damages in a medical malpractice case. However, hospitals (or any type of public or private medical corporation) may actually be held liable for negligent hiring.
Hospitals and Duty of Care
A hospital’s medical staff should consist of licensed physicians as well as licensed nurses, physician’s assistants, nurse practitioners, and pharmacists. All staff members, even including x-ray technicians, laboratory technicians, and phlebotomists, should have the proper credentials, screening, and training needed to perform their specific job functions.
Ultimately, this comes down to the fact that all patients have a legal right to expect that those taking care of their health and safety are properly trained and equipped to do so. During the hiring process, this means that hospitals have an obligation to properly screen an applicant’s background and make reasonable inquiries into their education, training, licensing, and qualifications.
If a hospital fails to screen an applicant and that staff member’s negligent actions injuries or harms a patient, the hospital itself should be considered liable for negligent hiring practices.
Additionally, hospitals must ensure that there is a sufficient number of nurses and other staff members on duty so that each patient receives a certain level of quality care. A hospital may be deemed liable for medical malpractice if it can be shown that the harm was the direct result of a shortage of staff.
Helping Those Harmed by Medical Negligence
If you’ve been injured or harmed because of medical malpractice, Angel Law is here to provide you with the caring, dedicated legal representation that you need to successfully file a malpractice claim and pursue the compensation you deserve.
Contact our Portland medical malpractice legal team at (503) 862-8666 to speak with our head attorney, Patrick Angel, for free today.