If you’ve been injured due to negligent care in a hospital setting, you might be wondering: Can I sue the hospital? The answer is yes — but as with many legal questions, it depends on the details.
Medical malpractice cases can be complex, especially when trying to determine who’s legally responsible: the hospital or the individual medical provider. At Gold, Khourey & Turak, we’ve spent nearly 50 years helping people across Ohio, West Virginia, and Pennsylvania get answers, accountability, and compensation after medical negligence.
Hospital vs. Healthcare Provider Liability
Not all healthcare providers are hospital employees. That’s a key factor when determining who is legally responsible for your injuries.
When the Hospital May Be Liable
Hospitals can be held liable under several legal theories, especially when their own systems or staff contributed to the harm.
- Vicarious Liability: Hospitals are responsible for the actions of their employees. This includes nurses, medical technicians, and sometimes even doctors if they are staff members. If an employee was negligent while performing job duties, the hospital may be held accountable.
- Negligent Hiring or Supervision: If the hospital failed to properly screen, train, or supervise its staff, and that failure led to harm, the hospital could be directly liable.
- Systemic Issues: Hospitals must maintain a safe environment. Poor policies, unsanitary conditions, understaffing, or faulty equipment can all lead to avoidable injuries and open the door for a malpractice claim.
When the Individual Provider May Be Liable
In many cases, doctors are not employees of the hospital. They may be independent contractors, which can limit the hospital’s responsibility for the doctor’s actions. But the hospital may still be responsible for other reasons even when it cannot be held legally responsible for the doctor’s actions.
Common Types of Hospital Malpractice Claims
Malpractice in a hospital setting can take many forms. Some of the most common include:
- Misdiagnosis or Delayed Diagnosis: When a condition isn’t identified in time, or is diagnosed incorrectly, treatment may be delayed — sometimes with life-altering consequences.
- Nursing Errors: When nurses don’t timely notify physicians of critical changes in a patient’s condition or fail to follow orders, the hospital may be responsible.
- Surgical Errors: Operating on the wrong body part, leaving tools inside the patient, or causing unnecessary complications are just a few examples of surgical mistakes.
- Medication Errors: Giving the wrong medication, incorrect doses, or ignoring patient allergies can lead to severe or even fatal outcomes.
- Inadequate Staffing: Short-staffed hospitals often struggle to provide safe care. Patients may be neglected or harmed due to staff fatigue or oversight.
- Infection Control Failures: Hospitals are required to maintain strict sanitation protocols. When they fail, infections acquired during your stay can cause serious health problems.
How Gold, Khourey & Turak Can Help
Holding a hospital accountable for medical malpractice isn’t easy — but that’s where we come in. At GKT, we handle the legal burden so you can focus on healing.
Here’s how we help:
- We identify who’s responsible: Is it the hospital, an individual provider, or both? We’ll sort through employment records and contracts to find out.
- We investigate thoroughly: Our team collects medical records, interviews witnesses, and consults with experts to build a strong case.
- We guide you through the process: From start to finish, you’ll have experienced, compassionate attorneys by your side.
Contact GKT Today
If you believe hospital negligence caused your injury or a loved one’s, don’t wait. Contact Gold, Khourey & Turak today.
Our attorneys are available 24/7. Call us at (304) 845-9750, chat with us live online, or fill out our secure web form to schedule a free consultation.
Need help? Get help. Get GKT.
Michelle Marinacci joined Gold, Khourey & Turak in 2018 bringing with her 20 years of litigation experience, including prosecuting and defending civil litigation cases and assisting in case decisions at the West Virginia Supreme Court of Appeals.
