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Cohen, Feeley, Altemose & Rambo personal injury workers' compensation

Independent contractor doctors limit hospital liability

If you or a loved one were to be injured by the medical negligence of a doctor in a hospital setting, your resulting medical malpractice lawsuit would likely seek to collect compensation not just from the doctor, but from the hospital itself.

Unfortunately, this is not always possible in situations where doctors are not employees of the hospital, but are instead classified as independent contractors. In cases such as these, a plaintiff would only be able to sue the doctor other professionals who performed the negligent care. This could mean that the amount an injured person is able to collect by being injured by an independent contractor could be less than what might be possible for the same injuries if the doctor were an employee of the hospital.

This is not always the case, though. In a recent case, a plaintiff sued a hospital and surgeon after a biopsy resulted in the patient having permanent neck pain and disfigurement. While the surgeon was technically an independent contractor who worked out of the hospital, the courts thus far have ruled that the plaintiff could not have known this, and therefore could have reasonably assumed that the surgeon had been an agent of the hospital.

Situations where a doctor who is an independent contractor is charged with medical negligence can be complicated. If you or a loved one has been injured by such a doctor, you may not even know that he or she was not an employee of the hospital. In order to procure the maximum compensation for your injuries, you will need the assistance of a seasoned medical malpractice lawyer on your side.

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