Doctor Malpractice, Hospital Malpractice, and Medical Malpractice

by Bruce Fagel on Apr. 16, 2012 in Accident & Injury · Medical Malpractice, Accident & Injury · Wrongful Death

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Every year approximately 225,000 people die from medical malpractice, making this the third leading cause of death in the United States after heart attacks and cancer.  In addition, many patients are seriously injured as well from medical negligence.  Many cases of medical malpractice occur in hospitals and involve doctors, nurses, anesthesiologists, and other medical staff. 

It is important to understand that most doctors are independent contractors working with a hospital, while most nurses are employees of the hospital.  The fact that most doctors are independent contractors provides an additional layer of legal protection for the hospital if a medical malpractice lawsuit is initiated.  Hospitals also require patients to sign forms such as the condition of admission which states that the doctors are independent contractors.  Therefore it is important for patients filing a medical malpractice claim to name both the doctor and hospital as defendants.

Another challenge with a medical malpractice case involving doctors and hospitals is the patient often enters the hospital with pre-existing conditions; therefore, doctor’s who have committed medical malpractice may try to use these pre-existing conditions along with their medical knowledge to avoid responsibility for their negligence.  If the patient was seriously injured during surgery, there are no witnesses other than the medical staff, and the only written record of the surgery is the dictated notes by the surgeon that is documented after surgery. Medical malpractice can occur after a successful surgery as well; for example in the post-anesthesia recovery room, where the anesthesiologist is usually responsible for all evaluation and management decisions.

Many hospitals also have a problem with overcrowded emergency rooms.  Hospital emergency rooms are also frequently understaffed and many patients who need to see a doctor are kept waiting long periods in the lobby or waiting rooms.  In situations like this, a doctor or nurse who is in a hurry may fail to diagnose or improperly diagnose a medical condition, or a patient who is kept waiting too long for medical care may end up having a medical condition escalate from serious to severe.

In situations involving medical malpractice with a doctor, nurse, medical staff, or hospital, it is important that you consult with the best medical malpractice attorney possible, especially one who understands medicine and the inner-workings of a hospital, such as Dr. Bruce Fagel.  Dr. Fagel is a leading medical malpractice attorney and a licensed medical doctor.  In fact, Dr. Fagel practiced emergency room medicine for over 10 years before becoming a medical malpractice lawyer, so he understands exactly how hospitals function, and where medical negligence has occurred in a medical malpractice case.

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