When you visit the doctor’s office for a routine checkup or treatment, your expectation is very clear – the healthcare provider will uphold the utmost professionalism while attending to you. And most often, this is what happens. However, it is not uncommon to sustain injuries while at the hands of a doctor. If these injuries could have been prevented, you might have a compelling case against either the doctor who treated you or the hospital.
To build a strong case and receive the damages you deserve, however, you need to know whom to sue. So, when exactly can you hold the hospital liable for medical malpractice?
Filing a medical malpractice claim against the hospital
Like other civil lawsuits, a medical malpractice lawsuit boils down to the concept of negligence. In other words, the hospital must have engaged in some form of administrative practices that amounted to negligence. For instance, if the hospital was understaffed, you can argue that the healthcare provider was fatigued and overworked, and this had something to do with the injuries you sustained while receiving treatment. You can also sue the hospital if you have evidence that they knowingly hired and retained an incompetent, unqualified or a deregistered healthcare provider.
You can also hold the hospital liable for your injuries through the doctrine of “vicarious liability.” Thanks to this doctrine, you can sue the employer (the hospital) rather than the employee (the doctor who treated you) for your injuries.
A seemingly simple doctor’s mistake can lead to a costly and, sometimes, fatal outcome. Understanding Oregon’s negligence laws can help you assert your rights while suing the hospital for damages associated with medical malpractice.