Davis & Davis, Attorneys at Law
Call for a free consultation
Local 713-364-0314713-364-0314 Toll Free 877-202-0835 877-202-0835

Hospital liability when wrongful death incidents occur

Not all doctors work in hospitals, and not all doctors who work in hospitals have private clinics or offices. In Houston and throughout Texas, there are physicians who work solely in hospitals, called "hospitalists" because they are employed by the medical facilities where they work. There are also doctors who provide only private clinical or outpatient services. A third category of doctors may have non-hospital clinics, but may have hospital privileges to perform surgeries, work with patients or provide other hospital care.

The distinctions of what services a doctor can provide within the confines of a hospital are critically important when it comes to determining if a hospital can be held liable for the death of a patient within its facility. For example, due to the legal doctrine of respondeat superior, a mistake made by a hospitalist that results in the death of a patient may also be the fault of the facility who employed the doctor to provide care. Generally, respondeat superior requires the employer be liable for the errors of its employees and as hospitalists are workers for the hospital system, this legal doctrine can apply.

However, respondeat superior does not necessarily apply every time a patient dies in the hospital. This is because, as previously discussed, some doctors may not actually be employees of the hospitals where they provide services. Instead, they only have privileges to be there. In situations like this, a hospital may claim that a doctor with privileges is not an employee, but an independent contractor and therefore, the doctrine of respondeat superior should not apply.

As readers can see, a lot can turn on whether a doctor is categorized as an employee of the hospital where a medical malpractice death occurs. Including a hospital in a wrongful death lawsuit can help victims secure the compensation they need to move forward after a medical mistake robbed them of a loved one. Those who require more information about this and other medical malpractice legal topics should consult medical malpractice attorneys.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Davis & Davis for a Complimentary Consultation Davis & Davis proudly accepts referrals from Texas attorneys and law firms nationwide.

D&Ds Mobile Office

D&D's Mobile Office D&Ds Mobile Office

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Houston Office
440 Louisiana St.
Suite 1850
Houston, TX 77002

Phone: 713-364-0314
Phone: 713-364-0314
Houston Law Office Map

Corpus Christi Office
802 N. Carancahua
Suite #1400
Corpus Christi, TX 78403

Phone: 713-364-0314
Phone: 361-884-7475
Map & Directions

Dallas Office
3001 Knox Street
Suite 405
Dallas, TX 75205

Phone: 713-364-0314
Phone: 214-326-0582
Map & Directions

San Antonio Office
126 Villitas St.
San Antonio, TX 78205

Phone: 713-364-0314
Phone: 210-224-0600
Map & Directions

McAllen Office
1111 W. Nolana
McAllen, TX 78504

Phone: 713-364-0314
Phone: 713-364-0314
Map & Directions