Holding Your Hospital Liable For Medical Malpractice

Holding Your Hospital Liable For Medical Malpractice

Holding your health care provider responsible for your injuries when they fail to deliver proper care to you is one thing. However, did you know that another option to consider is holding the hospital liable? In some situations, this may be the best option for you.

Feel free to call the lawyers at Martin Walker Law today to get the knowledge you deserve. Some of the main reason why a hospital can be deemed negligent is if there have been signs of negligence in the hiring process. Employees must be verified as being licensed for the skills they are required to perform and have proper experience levels. Hospitals should take care to remove any employees that do not have the requirements for their position. Another way that hospitals can show they deserve liability is if they do not establish protocols that ensure safety and health to patients.

Procedures such as handwashing, sanitizing of equipment and ensuring there are no possibilities for a patient to fall and injure themselves. Moreover, if a hospital does not keep the proper amount of staff on hand this is also an issue for the hospital. It is important to ensure that enough employees are hired so that proper patient care is provided.
The employer/hospital can potentially be held responsible for the negligent acts of any of their employees based on the rule of  Vicarious Liability.

Vicarious Liability is a liability that a supervisory party (such as a hospital) bears for the actionable conduct of a subordinate or associate (such as an employee) based on the relationship between the two parties. Under common law, a member of a conspiracy can be held vicariously liable for the crimes of his co-conspirators if the crimes committed by the co-conspirators were foreseeable and if they were committed with the intent of furthering the objective of the conspiracy

Hospital Employees

The types of employees that the hospital can be held responsible for are:

  • Physicians
  • Nurses
  • Therapists
  • Anesthesiologists
  • Employees hired by the hospital


Situations that the employee could create that could result in a hospital being liable are:

  • The patient was not monitored correctly
  • Misdiagnosed or non-diagnosed illness
  • Failing to check the patient's records such as adverse drug reactions
  • Administered drugs incorrectly into the patient
  • Failing to check up on bedridden patients
  • Not responding properly to a patient's needs

We want all East Texans to know that if you feel that you have suffered an injury as a result of a hospital or health care practitioner failing to meet the safety requirements; do not hesitate to call us today. We will not stop until justice is served for you or your family member. (903) 526-1600