Legally Reviewed and Edited by: Terry Cochran

Published on: September 2, 2024

When medical care goes wrong, the consequences can be life-changing. If you’ve been harmed by a medical error, you might wonder whether you should sue the hospital, the doctor, or both. Understanding the difference between suing the doctor versus suing a hospital for malpractice can help you decide the best course of action.

To get the answers you need, schedule a free consultation with our experienced medical malpractice attorneys at Cochran, Kroll, & Associates, P.C. We’ll help you explore potential outcomes of filing against a provider vs. the hospital and seek maximum compensation for the harm you’ve suffered.

Medical Malpractice Lawsuits: Who Is Liable?

Medical malpractice happens when a doctor, nurse, or other healthcare professional makes a mistake or doesn’t meet the standard of care, leading to harm. This could include misdiagnosing an illness, making errors during surgery, or not giving the right treatment.

The liable party in a malpractice case can vary. You may be able to hold an individual provider liable if their actions cause injury, but hospitals or clinics might also be at fault if they fail to ensure a safe environment or don’t properly train their staff. Sometimes, both the provider and the hospital could share responsibility for what happened.

Understanding who is accountable for your injuries can help you pursue a successful settlement and hold the responsible parties accountable.

Suing a Hospital for Malpractice

When you or a loved one experiences harm due to medical care, it’s natural to want to seek justice. Sometimes, the problem isn’t just with an individual doctor or nurse but the hospital. Suing a hospital for malpractice can happen in several situations where the institution, as a whole, is at fault.

• Negligent hiring or supervision. A hospital might be liable if it hires unqualified staff or fails to supervise its employees properly, leading to mistakes that harm patients.
• Inadequate staffing. If the hospital doesn’t have enough doctors, nurses, or support staff, this can lead to errors in care, making the hospital responsible.
• Doctors as employees. If the doctor who provided negligent care is an employee of the hospital (rather than an independent contractor), the hospital can be sued for the doctor’s malpractice under the legal doctrine of vicarious liability.
• Poor facility maintenance. Hospitals are required to maintain a safe environment. The hospital could be held liable if a patient is injured due to unsafe conditions, like faulty equipment or unsanitary practices.
• Policy failures. If the hospital’s policies are outdated or not followed correctly, resulting in patient harm, the hospital might be responsible for the consequences.
• Failure to ensure proper patient safety. If a hospital doesn’t follow protocols to protect patients, such as preventing falls or infections, and a patient is harmed, the hospital could be held accountable.
• Delayed treatment due to administrative errors. Hospitals can be liable if a patient’s treatment is delayed because of mistakes in scheduling, miscommunication, or lost paperwork, leading to worsened conditions.
• Lack of proper emergency care. Hospitals are expected to provide timely and adequate emergency care. If a patient suffers because the hospital fails to respond quickly or lacks the necessary resources, the hospital may be liable for the resulting harm.
• Improper use of surveillance. If a hospital uses cameras or other surveillance methods that violate patient privacy rights, such as recording without consent in private areas, it could be liable for breaching patient confidentiality and privacy.

When Should You Sue the Doctor?

In a medical malpractice case, you can sue a doctor independently of the hospital or name them in a suit against both parties. Filing a lawsuit against a doctor might be appropriate in the following situations:

• Personal negligence. A doctor can be held accountable if they make a mistake, such as misdiagnosing your condition, prescribing the wrong medication, or making an error during surgery.
• Inadequate informed consent. When a doctor fails to thoroughly explain the risks, benefits, and alternatives to treatment, and you suffer harm, you may have grounds to sue the doctor for not obtaining your informed consent.
• Failure to follow accepted standards of care. A doctor could be liable for malpractice if their treatment decisions do not align with accepted medical standards and you are harmed.
• Doctor-patient relationship issues. If a doctor acts unprofessionally or fails to provide the level of care expected in a direct doctor-patient relationship, such as neglecting follow-up care or dismissing your concerns, you may consider legal action.
• Specialist errors. When a specialist’s advice, diagnosis, or procedure is responsible for your injury, it’s often more appropriate to sue the individual specialist rather than the hospital where they work.
• Unnecessary treatment. A doctor can be held liable if they recommend or perform unnecessary procedures that harm you or put you at avoidable risks.
• Licensure or credentialing issues. You may be able to sue a doctor if they are practicing without proper licensure or if their credentials have lapsed or are otherwise invalid, and you suffer harm due to their care.

Seeking an Evaluation for Your Case

Medical malpractice cases are highly complex and often involve multiple parties who may be liable for your injury. At Cochran, Kroll, & Associates, P.C., our experienced team thoroughly reviews each case, identifying potential liability, whether it’s a doctor, hospital, or both.

We handle cases ranging from surgical injuries and misdiagnoses to birth injuries and harm to patients in VA hospitals. No matter who is at fault for your injuries, we notify all involved parties within the required legal timeframe, protecting your right to sue a hospital for malpractice and initiating the legal process.

What To Expect When Filing a Medical Malpractice Lawsuit

Filing a medical malpractice lawsuit can be complex and challenging, but understanding the steps involved can help you feel more prepared and confident. Here’s what you can expect:

Consultation With a Medical Malpractice Lawyer

The first step in filing a medical malpractice lawsuit is to consult with an experienced medical malpractice attorney. At Cochran, Kroll & Associates, P.C., our team will review the details of your case and provide you with a clear understanding of your legal options.

This initial consultation sets the foundation for your case. We’ll determine if your situation meets the legal criteria for medical malpractice and discuss possible legal actions you can take. The consultation also allows you and your loved ones to ask questions you might have about the process, potential outcomes, and what to expect moving forward.

Investigation

Once you decide to proceed, your legal team will thoroughly investigate your case. We will gather all relevant evidence, including your medical records, witness statements, and expert testimony.

The investigation phase is crucial to building your lawsuit, and senior partner Eileen Kroll brings her unique experience as a registered nurse to this process. Eileen collaborates with medical experts to examine the care you received.

Her medical expertise allows her to recognize where the care may have deviated from accepted standards, bringing clarity to technical, medical details that others might overlook. By drawing on her hands-on experience in healthcare, Eileen ensures a comprehensive investigation to identify evidence and build a strong case on your behalf.

The investigation process may also involve interviewing witnesses, such as nurses, technicians, or other medical professionals involved in your care. The goal is to establish a clear narrative demonstrating how the malpractice occurred and its impact on your life.

Filing the Lawsuit

The first step in filing a lawsuit is sending a Notice of Intent to the healthcare provider or hospital responsible for your care. This notice explains what went wrong, how your care deviated from medical standards, and how you were harmed. We send this notice 182 days before we can officially file the lawsuit.

We gather all necessary evidence, including medical records and expert opinions, to build a strong case during this time. We file the lawsuit once the waiting period ends and if the provider hasn’t settled.

This step involves submitting formal legal documents to the court, outlining the details of your case, the legal reasons for your claim, and the damages you seek. The responsible parties—the hospital, the doctor, or both—are then notified and given an opportunity to respond.

Negotiation and Settlement

Many medical malpractice lawsuits are resolved through negotiation and settlement before reaching trial. During this phase, your attorney will negotiate with the opposing party (or their insurance company) to reach a fair settlement that compensates you for your injuries and losses.

A settlement can resolve your case quicker and allow you to avoid the uncertainty and stress of a trial. Our skilled team at Cochran, Kroll, & Associates, P.C. advocates on your behalf to ensure that any settlement offer is in your best interest.

This might involve back-and-forth discussions and offers until we reach a satisfactory agreement. Throughout this process, your attorney will keep you informed and provide guidance on settlement offers or proceeding to trial.

Trial

Your case may proceed to trial if a settlement cannot be reached. While the prospect of going to trial can be daunting, having an experienced trial lawyer on your side makes a difference. At Cochran, Kroll & Associates, P.C., Terry Cochran brings extensive trial experience and a strong track record of success to the table.

During the trial, your attorney will present your case before a judge or jury, using the evidence gathered during the investigation and the testimony of expert witnesses to support your claims. The trial process involves opening statements, witness testimony, cross-examinations, and closing arguments.

During the proceedings, your legal team will demonstrate that the medical provider or hospital failed to meet the standard of care and that this failure caused your injuries. With our qualified trial representation, you can receive substantial damages from the court to help your recovery.

Move Forward With Confidence: Arrange Your Free Consultation Today
If you’ve been harmed by medical negligence, you have the right to hold the liable party accountable. Speak with our qualified attorneys at Cochran, Kroll & Associates, P.C. to get legal advice for your case.

We understand the complexities of these cases and have won multiple million-dollar settlements and verdicts on behalf of injured patients. Contact us for a free consultation, and let us help you determine if suing a hospital for malpractice is the right course of action for your situation.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW (1-866-642-4529) and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.