Were you the victim of medical malpractice at the hands of an independent contractor physician? Are you unsure of whether you can name the hospital where you received treatment as a defendant? While it is not readily apparent, many doctors are independent contractors of the hospitals where they work. This can make filing a medical malpractice claim difficult because it is not clear whether the hospital or the doctor are both liable for the doctor’s negligence. Medical malpractice is especially egregious because the plaintiff places trust in the healthcare provider to perform a procedure or render treatment appropriately and with due care. If you or a family member are facing anguish and pain as the result of medical negligence, contact the attorneys at Rocky Mountain Personal Injury Center to discuss your options in regards to respondeat superior and medical malpractice.
Why Hospitals are Liable for Doctor Negligence
Independent contractors are not equal to at-will employees, and this includes medical professionals. For example, an independent contractor works until a project is complete; there is no at-will employment agreement. An independent contractor provides their own tools, makes their own hours, and completes the project as they see fit. A true employee is in a servant/master relationship, works at the pleasure of the employer and follows the employer’s instructions. The employer sets the hours, provides tools, equipment, and uniforms and assigns the employee responsibilities. In some liability claims, it can be difficult to establish vicarious liability of the employer if the defendant is an independent contractor. However, the doctrine of apparent agency allows claimants to invoke vicarious liability against hospitals for medical malpractice claims.
Despite the nature of a hospital’s relationship with the independent contractor/physicians, patients are treated on hospital property, in hospital facilities, using hospital equipment. If potential plaintiffs were unable to recover against the hospital, it would be unjust because the hospital owes a duty to the patient and to ensure that the employees and independent contractors they hire are not negligent. Under the apparent agency theory, because a hospital failed to take action against the independent contractor/physician, and because plaintiffs make a reasonable reliance on the hospital to provide adequate care, they should be able to recover against the hospital. This is logical, because if a patient visits an ER, they do not go to see a particular physician and cannot request a specific provider. Rather they seek emergency care because they are at a medical hospital that exists to render care. It is a reasonable assumption that a hospital would hire doctors (employee or independent contractor) who are competent.
Filing a Claim
Plaintiffs must file within the statute of limitations to proceed with a medical malpractice claim. In Utah, you also must commission a pre-litigation review panel to determine if a claim should proceed. The plaintiff only has 60 days after filing a complaint to request the panel hearing from the Utah Division of Occupational and Professional Licensing. If the claim proceeds, the plaintiff may have to undergo independent medical evaluations. They could also be deposed. Usually a subject matter expert or medical specialist is also asked to provide expert testimony and extensive discovery occurs before the settlement process can begin. Because medical malpractice claims, especially claims using the theory of respondeat superior, are so involved and multi-faceted, it is important to contact an attorney as soon as possible after the incident.
Call Rocky Mountain Personal Injury Center Today
If you need advice or assistance regarding a medical malpractice injury, do not delay. Call our attorneys at Rocky Mountain Personal Injury Center. We represent clients in Idaho, Utah, and Wyoming and handle plaintiffs claims exclusively. Medical malpractice claims have strict filing requirements and require substantial discovery, but no case is too difficult for us to handle. Call us today for a consultation to discuss your options.
