Key Takeaways
- You can typically sue a hospital if the negligent doctor is an actual employee.
- Hospitals can sometimes be held liable for independent contractors under theories such as apparent agency or negligent retention.
- The statute of limitations for medical malpractice in Washington, D.C., is three years.
- Determining liability requires analyzing the employment agreement, hospital control, and admission documents.
Who Is Liable for Medical Malpractice?
When a medical error occurs in a hospital, you may wonder if you can (or should) sue the hospital or the doctor.
The answer: You can often sue the hospital for medical malpractice if the doctor is a direct employee acting within the scope of their employment. However, if the doctor is an independent contractor, you may need to sue the doctor directly, unless legal exceptions such as apparent agency or negligent retention apply.
Doctors as Employees vs. Independent Contractors
Whether a doctor is an employee or an independent contractor is a critical issue in evaluating a medical malpractice claim. If a doctor is an actual employee, the hospital could be liable for their negligence. If the doctor is an independent contractor, however, the hospital typically avoids direct liability for the doctor’s specific actions, although it could still be liable for its own negligence.
To determine the nature of the relationship, courts look at several factors:
- Does the hospital pay a salary, or is the physician paid a per-service fee?
- Does the hospital dictate the doctor’s working hours and schedule?
- Can the hospital control which patients the physician treats?
- Do the parties have a formal employment agreement or an independent contractor agreement?
- Does the hospital have the authority to discipline or fire the physician?
The more control a hospital exercises over a physician’s daily work, the more likely an employer-employee relationship exists.
What Is Non-Employee Liability?
Even if a doctor is classified as an independent contractor, certain circumstances may allow you to hold the hospital responsible for your injuries.
Appearance of Employment (Apparent Agency)
A hospital may be liable for an independent contractor’s negligence if it fails to inform patients of the doctor’s contractor status. If it reasonably appears to the patient that the doctor is an employee, a legal doctrine known as apparent agency may apply. (For example, if an independent practice uses the hospital’s name and logo, patients may assume the doctors are hospital staff.)
Emergency Room Treatment
Patients brought to the emergency room for urgent care typically do not have the opportunity to review and sign admission forms that clarify a physician’s employment status. Because of this lack of notice, patients can often pursue a claim against the hospital even if an independent contractor provided the treatment.
Negligent Retention
A hospital may be responsible for negligent care provided by an independent contractor if the facility failed to conduct an adequate background check. If the hospital grants privileges to a doctor with a known history of malpractice or disciplinary issues, it can be held liable for exposing patients to a known risk.
How Do You Know Who to Sue?
Determining whether to file a lawsuit against the hospital, the doctor, or both requires a thorough review of the facts. A legal professional will analyze the following elements:
- The employment agreement: Reviewing the specific contract between the hospital and the physician.
- Hospital control: Assessing how much authority the hospital has over the doctor’s work and human resources procedures.
- Admission paperwork: Checking if the hospital clearly disclosed the doctor’s independent contractor status in the admission forms.
- Hiring policies: Investigating whether the hospital followed its own policies regarding background checks and due diligence.
Statute of Limitations for Medical Malpractice in D.C.
In Washington, D.C., injury victims generally have three years to file a medical malpractice lawsuit. Failing to file your claim before this three-year deadline expires will likely result in the court dismissing your case.
Frequently Asked Questions (FAQ)
Can I sue a hospital if my doctor makes a mistake?
Yes, you can often sue a hospital if the doctor is an employee of the facility. If the doctor is an independent contractor, you may still be able to sue the hospital under specific legal exceptions, such as apparent agency or negligent retention.
What is the difference between an employee and an independent contractor?
An employee is typically subject to the hospital’s direct control, including set working hours, salary, and patient assignments. An independent contractor operates more autonomously, often charging their own fees and managing their own schedules.
What should I do if the hospital claims my doctor isn’t an employee?
You should consult with a legal professional who can investigate the hospital’s hiring agreements, evaluate your admission paperwork, and determine if the hospital can still be held liable for the doctor’s actions.
How long do I have to file a medical malpractice lawsuit in D.C.?
In Washington, D.C., you typically have three years from the date of the injury to file a medical malpractice lawsuit.
Washington, D.C., Medical Malpractice Lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates Provide the Help Families Need
If you or a loved one suffered harm as a result of a doctor’s negligence in a hospital setting, holding the facility accountable can be incredibly challenging. This is especially true when hospitals deny that the negligent physician is an employee. You need a dedicated legal advocate to develop a strong strategy aimed at obtaining just compensation for your injuries. Reach out to the Washington, D.C., medical malpractice lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates. Call us at 202-223-4488 or complete our online form today for a free consultation. We have offices in Washington, D.C., and also serve clients in Northern Virginia and Maryland.
