Holding Hospitals Accountable For Negligent Hiring And Retention
Hospitals Owe Their Patients A Standard Duty Of Care
A hospital has a direct duty to its patients to exercise reasonable care in its:
- Selection and retention of medical staff
- Hiring and supervision of employees
- Selection of equipment, supplies and devices
- Design, maintenance and security of the physical plant
- Use of nonstandard therapies
Vicarious Liability For The Negligent Acts Of Employees
A hospital can be held liable for the harm suffered by a patient through the direct actions of its employees. The hospital is liable for the negligent acts of others, provided that the negligent person was an agent or employee of the hospital at the time of the act. If a doctor is an employee of the hospital rather than an independent contractor, the hospital can also be answerable for his or her actions.
If a nurse commits a negligent act by administering the wrong dose or wrong type of medication to a patient, the hospital is still held liable for the error. This is known as vicarious liability.
Negligent Hiring Or Supervision
If a hospital hires a doctor or nurse who has a record of misconduct, the hospital can be guilty of negligent hiring. It must be shown that the hospital knew or should have known that the person in question was a risk to patients. A hospital breaches its duty and is negligent if it fails to act when it knows or should have known that a professional using the hospital facilities lacks the knowledge, skill or competence required by accepted standards of medical practice and is liable for those injuries proximately caused by such negligence.
Contact Our Phoenix Area Law Firm For Straightforward Legal Advice about Hospital Negligence
If you have suffered injuries in a health care facility or due to the careless or reckless acts of a hospital employee, please contact an Arizona lawyer at the Law Office of Robert H. Kleinschmidt, P.C. He can provide you with straightforward legal advice about your hospital negligence case. Please call our legal office today at 480-951-3949 or contact us online to arrange for a free case evaluation.