If you have become injured while at the hospital, you might be wondering whether you can sue the hospital for medical malpractice. While it might seem like an easy “yes,” that isn't always the case. A lot of the time, the hospital is only responsible for their employees—and not their doctors. So when can you file a lawsuit against the hospital for medical malpractice? Here are three situations that warrant it: 1. Not Disclosing That The Doctor Isn't An Employee If the hospital does not tell you that the doctor attending to you isn't an employee, you can file a lawsuit against the hospital for the doctor's negligence. Typically, the hospital will mention this to you in person. They might also have you sign a waiver or a form that states the doctor isn't employed by the hospital. If they fail to mention this, …show more content…
After all, the ER is a chaotic place and forms are often on the back burner. IN these situations, the hospital is also responsible for the doctor—regardless whether the doctor is employed by the hospital or not. 2. A Known Incompetent Doctor Is On Staff Another reason to file a medical malpractice lawsuit against a hospital is if there is known incompetent doctor on staff. Perhaps this doctor has had a lawsuit filed against him or her before. Or maybe the doctor simply misses diagnoses frequently. Or perhaps the doctor abuses drugs. Regardless, if the doctor is still on the hospital staff it is their responsibility for medical malpractice. 3. Not Being Seen By Staff Quickly Finally, if you are left waiting for hours in the hospital without being attended to, you can file a lawsuit against the hospital. It is the responsibility of the hospital to ensure that it is well staffed at all times. It is also their responsibility to ensure that patients are seen and attended to in an efficient manner. If you were not seen quickly enough and your condition worsened, the hospital is at