Syracuse Personal Injury Law Blog
Patients that receive inadequate care in a hospital emergency room and suffer harm as a result may be able to pursue medical malpractice claims against both the hospital and the doctors that rendered their care. Whether a hospital will be deemed vicariously liable for a patient’s harm depends on numerous factors, though, as discussed in a New York opinion recently issued in a hospital malpractice case. If you suffered harm due to the carelessness of doctors working in a hospital, you have the right to seek compensation for your losses, and you should consult a Syracuse medical malpractice lawyer as soon as possible.
The Plaintiff’s Harm
It is alleged that the plaintiff went to the defendant hospital with complaints of pain in her left elbow following a fall. The defendant attending physicians determined she dislocated her elbow and performed procedures to reduce her elbow, and then discharged her. The plaintiff returned to the defendant hospital later that evening, reporting increased pain and swelling. She was examined by the defendant orthopedist, who determined she should be evaluated by a vascular specialist and transferred her to another hospital.
Reportedly, the plaintiff’s left arm ultimately had to be amputated below the elbow. She filed a complaint against the defendants asserting, among other things, that the defendant hospital should be held vicariously liable for the medical malpractice of the defendant doctors. The defendants filed separate motions for summary judgment, and their motions were denied in part and granted in part. The parties filed various appeals.
A Hospital’s Vicarious Liability for a Doctor’s Negligence
One of the primary issues on appeal was whether summary judgment should be granted in favor of the hospital on the plaintiff’s vicarious liability claims. In New York, pursuant to the doctrine of respondeat superior, a hospital can be held vicariously liable for the malpractice or negligent acts of its employees, but not for those of independent physicians who are not employees. In other words, a hospital’s vicarious liability for medical malpractice depends on the control in fact or agency.
Under a theory of apparent agency, a hospital will be held accountable when a patient who sought care from the hospital rather than a particular doctor sustains injuries due to the malpractice of a person who is not an employee. Thus, the defendant must rebut any such allegations in the plaintiff’s complaint to demonstrate vicarious liability claims should be dismissed or must show that the doctor in question was not negligent or their negligence did not cause the plaintiff’s harm.
In the subject case, the court found that the hospital adequately demonstrated that the defendant orthopedist was not negligent but did not meet its burden of proof with regard to the other doctors. As such, it reversed the trial court ruling to the extent it dismissed the vicarious liability claims in their entirety.
Speak to an Experienced Syracuse Medical Malpractice Lawyer
When medical malpractice occurs in a hospital setting, both the negligent doctor and the hospital may be deemed liable for any harm suffered. If you were hurt by a careless physician, it is in your best interest to speak to a medical malpractice lawyer about your options for seeking damages. The experienced attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can assess the circumstances out of which your harm arose and aid you in pursuing the best legal outcome possible under the facts of your case. You can contact us via our online form or by calling us at 833-200-2000 to set up a meeting.