Good morning. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortunately, merely advertising itself as a "comprehensive facility" does not, in and of itself, establish vicarious liability for the hospital. There are also some instances where the doctor will be treated as if he or she were a hospital employee because the plaintiff was led to believe that was the case
Hospitals are usually not liable for the medical malpractice of doctors because most doctors are independent contractors. However, some doctors are employees of hospitals. Whether a doctor is an employee of the hospital depends on the nature of his or her relationship with the hospital. The following are a few of the general characteristics that might suggest the doctor is an employee:
- the hospital controls the doctor’s working hours and vacation time, or
- the hospital sets the fees the doctor can charge.
If it is not clear, the doctor’s employment status is something that will be resolved in court. If the doctor is an employee or is treated as if he or she is an employee, the plaintiff can sue the hospital for medical malpractice, and must prove everything that is required to win a medical malpractice case.