When you visit the doctor’s office for a routine examination or emergency treatment, you hope the healthcare providers who will attend to you have the competence to provide the care you need to get back on your feet and carry on with your day-to-day life. And this is what happens most of the time.
However, mistakes happen. When a healthcare provider’s mistakes lead to injuries, you deserve justice. And this is where a medical malpractice claim comes in.
Understanding medical malpractice claims
A medical malpractice claim is founded on the basis that the healthcare provider or hospital failed in their duty of care towards the patient, thus, resulting in an injury. While most medical malpractice claims are filed against specific healthcare providers, there are instances when you can hold the facility rather than the doctor liable. Here are some of these instances:
When the doctor is employed by the hospital
Per the doctrine of “respondeat superior,” the hospital is typically liable for its employee’s actions. In other words, if the doctor who is an employee of the hospital acts negligently resulting in injuries to the patient, then the hospital rather than the doctor in question shall be held accountable for the doctor’s actions.
In simple English, as long as the hospital employee was performing a job-related task that led to your injury, you may sue the hospital for the resulting damages.
When the hospital knowingly employs an incompetent doctor
It is not uncommon for a hospital to grant staff privileges to independent doctors. If this happens, and the doctor in question turns out to be unqualified or incompetent, then the facility can be held liable for damages as long as it was aware of the doctor’s incompetence.
Protecting your rights
Medical negligence can result in life-altering injuries. Understanding how New Jersey medical malpractice claims work can help you protect your rights and interests while pursuing justice.