Many people have a key question when considering legal action after harm caused by medical negligence: Do you sue the doctor or the hospital?
In many cases, you can sue both. Florida medical malpractice law recognizes that individual healthcare providers and medical facilities may share responsibility for patient injuries. However, determining who is legally responsible can be more complex than it seems.
In this blog post, we’ll explain when a doctor, hospital, or both may be held accountable for malpractice.
When Is a Doctor Liable for Medical Malpractice?
Doctors have a legal duty to provide care that meets accepted medical standards. If they fail to meet this standard and their actions cause harm, they can be held responsible.
Here are some examples of medically negligent behavior by doctors:
- Misdiagnosing a serious condition,
- Delaying necessary treatment,
- Performing the wrong procedure,
- Prescribing the wrong medication or dosage, and
- Failing to obtain informed patient consent.
Suing a doctor for malpractice typically focuses on the individual decisions and actions of the doctor that directly harmed the patient. However, depending on the doctor’s relationship with the facility, the hospital may also be involved.
When Is a Hospital Liable for Medical Malpractice?
Suing a hospital for malpractice is possible under many different circumstances. Hospitals can be held legally responsible for:
- Negligent hiring or supervision of staff,
- Failure to maintain safe facilities or equipment,
- Lack of oversight of unqualified practitioners who treat patients, and
- Systemic failures, such as poor policies or staff shortages that contribute to errors.
When a doctor is an employee of a hospital, the hospital may be legally responsible for the doctor’s negligence under a legal theory called “vicarious liability.” However, many doctors work as independent contractors, which can limit the hospital’s direct responsibility for malpractice.
Can You Sue Both the Doctor and the Hospital?
Yes, you can sue both the doctor and the hospital if they both played a role in causing your injury. In fact, it is not uncommon for medical malpractice cases to involve multiple parties.
For example, a doctor may have made a surgical error, but poor hospital policies, inadequate staffing, or faulty equipment might have influenced that error. In these situations, seeking to hold both the doctor and the hospital accountable can increase your chances of securing full and fair compensation for your medical expenses, lost wages, pain and suffering, and other damages.
Suing both parties also helps ensure that all sources of insurance coverage are considered. Hospitals often carry large insurance policies that could provide additional resources to help cover your losses. By pursuing claims against the individual healthcare provider and the medical facility, you give yourself the best opportunity to recover the maximum compensation available under Florida law.
Do You Sue the Doctor or the Hospital: Factors to Consider When Deciding
Choosing who to sue in a medical malpractice case is not always straightforward. It requires a careful review of the facts and an understanding of Florida liability laws. Some key factors to consider include:
- The doctor’s employment status. If the doctor is a hospital employee, the hospital may share responsibility for the doctor’s negligence. If the doctor is an independent contractor, the hospital might only be liable in certain situations.
- Hospital policies and procedures. Poor training, unsafe practices, or inadequate staffing can contribute to medical errors. If systemic issues at the hospital played a role in your injury, the hospital may be directly liable.
- Other staff involvement. Nurses, technicians, and other hospital employees may also have contributed to the harm. Their actions or inactions could make the hospital responsible through vicarious liability.
- The extent of your injuries. Severe or life-changing injuries often require a broader legal strategy to help recover all the compensation needed for ongoing medical care and lost earning capacity.
- Available insurance. The extent of the coverage offered by the insurance policies of both the doctor and the hospital can also impact which party to seek legal accountability and compensation from.
Carefully identifying all responsible parties strengthens your case and helps ensure you do not leave any compensation on the table. An experienced medical malpractice lawyer can help you navigate this process and build a strategy that addresses every angle of your claim.
Florida’s Medical Malpractice Statute of Limitations
In Florida, medical malpractice claims against both doctors and hospitals must generally be filed within two years of when you knew or should have known about your injury. This rule applies whether you are suing an individual doctor, the hospital, or both. However, no case can be filed more than four years after the malpractice actually occurred, regardless of when you discovered the harm. This four-year limit is called the “statute of repose.”
Failing to meet these deadlines may prevent you from holding the doctor, the hospital, or any other responsible party legally accountable. That is why it is critical to act as soon as possible. Reaching out to a medical malpractice attorney immediately improves your chances of preserving evidence, identifying the correct defendants, and meeting all legal requirements.
FAQs About Suing a Doctor or a Hospital in Florida
Can I Sue the Hospital If the Doctor Is an Independent Contractor?
You may still be able to hold the hospital responsible if the facility failed to vet the doctor properly or if hospital staff contributed to the error. Every case is different, so it is important to have a medical malpractice attorney review your situation.
Is It Better to Sue Just the Doctor or Both the Doctor and the Hospital?
In many cases, suing both allows you to pursue all available sources of compensation. Your attorney will help you determine the best approach based on the facts of your case and the relationship between the doctor and the hospital.
What Does It Cost to Hire a Medical Malpractice Lawyer?
At James Horne Law, we work on a contingency fee basis. You pay nothing upfront. Our fee comes out of the settlement or verdict we secure for you. This means you can get legal help without worrying about out-of-pocket costs.
Get Help from a Florida Medical Malpractice Lawyer Who Fights for You
Medical malpractice claims are complex, and you deserve an experienced advocate on your side. At James Horne Law, we are known for taking on challenging medical malpractice cases and delivering results. We fight to hold doctors, hospitals, and healthcare providers across the Suncoast accountable for the harm they cause. Contact us today for a free consultation to discuss your case and learn how we can help.
James “Jay” Horne is an AV-Preeminent rated aggressive litigation attorney, who focuses his practice on medical malpractice, personal injury and family law matters. He has successfully represented clients from case inception through trial and appeals in state and federal court. Jay was born and raised on the Suncoast. He is married and proud father to a one year old son. In his free time, he enjoys traveling, golfing and distance running during the cool months.
Loading...