Have you experienced adverse consequences from medical treatment? If so, you might have a malpractice claim against the healthcare professionals who provided it, including the hospital where you received care. By understanding hospital liability and insurance coverage in medical malpractice claims, you can more effectively pursue your case and demand the fair compensation you deserve for what you’ve suffered.
When Can You Hold a Hospital Liable for Medical Malpractice?
Physicians are often not hospital employees, in which case hospitals are not legally responsible for their mistakes. However, there are some circumstances under which you may have the right to hold a hospital liable for medical malpractice, such as:
- Vicarious liability (respondeat superior): A hospital will bear liability for negligence committed by its employees in the course of their duties. For example, hospitals may become liable for malpractice committed by nurses, technicians, or hospital-employed physicians.
- Direct negligence: Hospital may also bear liability for a malpractice claim arising from the facility’s failure to hire, train, or supervise medical personnel, or due to the inadequacy of policies or staffing levels.
- Apparent agency: Even when a physician does not have an employment relationship with the hospital, you may still have the right to file a claim against the hospital if you had a reasonable belief the physician worked for the hospital.
Independent Contractors vs. Hospital Employees
A healthcare professional’s employment status may affect a hospital’s liability in a medical malpractice case. Some physicians do not work in hospitals as employees but instead operate as independent contractors or as employees of a separate physician group with practicing privileges at the hospital. As a result, when a non-employee physician negligently harms a patient, the patient may face significant challenges in holding the hospital liable for the harm and loss.
Types of Insurance Coverage in Medical Malpractice Cases
Various insurance policies may provide liability coverage in a medical malpractice case. The most common coverage layers include:
- Individual provider coverage: Some healthcare professionals who work in hospitals, such as physicians, may purchase professional liability insurance.
- Group/employer coverage: When individual medical professionals do not have a personal insurance policy, they may have coverage through a group policy, such as a policy purchased by a physician group to cover its members or a policy obtained by a hospital to cover medical staff, such as nurses.
- Hospital general liability coverage: Hospitals carry general liability coverage to protect themselves against liability arising from a patient’s medical malpractice claim. Larger hospital systems may self-insure or operate a captive insurance company rather than purchasing coverage from a third-party insurer.
- Excess/umbrella policies: Medical practice groups and healthcare facilities may also purchase excess or umbrella insurance policies to provide additional layers of coverage for medical malpractice cases involving high compensation amounts.
How Insurance Coverage Affects Malpractice Claims
Insurance coverage can play a major role in a medical malpractice claim. For example, policy limits on applicable coverage may affect settlement negotiations, as liable professionals and healthcare facilities may choose to tender the policy limit to avoid paying a court judgment from personal or company funds. Insurance companies typically appoint defense lawyers for individual healthcare professionals facing malpractice claims and thus exercise significant control over the litigation.
Contact Our Providence Medical Malpractice Law Firm Today
Have you suffered injuries or complications after receiving treatment or undergoing a medical procedure in a hospital? If so, DeLuca, Weizenbaum, Barry & Revens, Ltd. can help you pursue the financial recovery you deserve. Contact us today for a free, no-obligation consultation with a knowledgeable medical malpractice attorney in Providence. We’re proud to serve all of Rhode Island and Massachusetts residents from Cape Cod to Boston to Worcester.