Hospital Malpractice
Medical malpractice claims are often brought against hospitals, nursing homes, or other institutions, in addition to, or instead of, physicians. Hospitals can be found legally responsible in several different ways. The hospital may be found to be vicariously responsible for malpractice by hospital employees, or the hospital may be found to been negligent itself in various ways, some of which will be discussed briefly below.
Hospital liability for hiring incompetent physicians
Most medical malpractice claims against hospitals in Connecticut are based upon claims that the hospital is legally responsible for malpractice by one of their staff under the legal doctrine of "vicarious responsibility." However, a hospital can also be held liable for negligent hiring. That is, under certain circumstances, a hospital may be legally responsible for hiring or retaining an incompetent physician, or one who lacks proper credentials. For example, we have handled a case involving a physician who worked for a Connecticut hospital despite a pattern of many claims against his license from a neighboring state.
Of course, a doctor is not necessarily incompetent just because he or she has had prior medical malpractice claims, or has graduated from an unimpressive medical school. Some otherwise excellent doctors may make errors from time to time, which may make them liable for medical malpractice in that particular incident, but would not necessarily render them incompetent physicians. However, where doctors have demonstrated a pattern of poor care or incompetence, of which a hospital should have been aware, but the hospital has hired them anyway, a claim against the hospital for negligent hiring or negligent retention may be considered.
At RisCassi and Davis, P.C., we would be pleased to discuss with you your potential Connecticut claim for serious personal injury caused by a physician you believe to have been incompetent or negligent, regardless of the legal theories involved.
Call us at 800.344.5297 or contact us online to discuss your legal options.
