Can You Sue a Doctor and a Hospital at the Same Time?

When faced with medical malpractice, many patients wonder, “Can you sue a doctor for malpractice?” while simultaneously asking, “Can you sue a hospital for malpractice?” Understanding the circumstances under which you can hold both entities accountable is crucial for victims seeking justice and compensation.

Understanding Employer Liability in Medical Malpractice

In Maryland, the legal doctrine of respondeat superior allows patients to hold hospitals liable for the negligent actions of their employees, including doctors and nurses. If a physician is a direct employee of the hospital, the institution can be held responsible for the doctor’s malpractice. However, the situation becomes more complex when the doctor is an independent contractor.

Can You Sue a Doctor for Malpractice? Joint Liability Laws in Maryland

Maryland follows the principle of joint and several liability in medical malpractice cases involving multiple defendants. This principle means that each defendant can be responsible for the entire damage award, allowing plaintiffs to seek full compensation from any one or a combination of defendants. This approach ensures that victims receive the compensation they are entitled to, even if one party is unable to pay. 

Additionally, Maryland requires that plaintiffs obtain a Certificate of a Qualified Expert before filing a medical malpractice lawsuit. This document must confirm that the defendant’s actions deviated from the standard of care and directly caused the patient’s injuries. Failing to secure this certificate can result in the dismissal of a case.

Can You Sue a Hospital For Malpractice? Nuances of Independent Contractor Relationships

Many hospitals engage physicians as independent contractors rather than employees. Traditionally, this arrangement shields hospitals from liability for the doctor’s actions. However, Maryland courts have recognized exceptions under the doctrine of apparent agency.

If a hospital presents a doctor as its agent, and a patient reasonably believes the doctor is acting on behalf of the hospital, the institution may be held liable for the doctor’s negligence.

This principle was upheld in the case of Williams v. Dimensions Health Corporation, where the Maryland Court of Appeals found a hospital vicariously liable for the negligence of a surgeon in its trauma center despite the surgeon being an independent contractor.

Maximizing Compensation by Suing All Responsible Entities

To maximize potential compensation, it’s often advisable to name all parties whose negligence contributed to your injuries in a lawsuit. By holding both the doctor and the hospital accountable, patients increase their chances of receiving full and fair compensation for their suffering.

Damages in medical malpractice cases can cover a range of losses, including medical expenses, lost wages, pain and suffering, and even punitive damages in extreme cases.

A common scenario in which both a doctor and hospital can be held liable is a surgical error. If a hospital fails to maintain proper sanitation standards and a surgeon performs a procedure negligently, both parties may be liable for the resulting harm.

Similarly, in misdiagnosis cases, if a doctor fails to recognize a critical condition and hospital protocols prevent a second opinion, both entities can be responsible. If you are wondering whether you can sue a doctor and hospital for malpractice, the answer is generally yes, depending on the circumstances of your claim. 

The Importance of Hiring a Skilled Maryland Medical Malpractice Lawyer

Navigating the complexities of medical malpractice claims in Maryland requires specialized legal expertise. From understanding the nuances of employer liability and independent contractor status to adhering to procedural requirements like expert certification and arbitration, a skilled medical malpractice attorney is invaluable. 

Medical malpractice cases often involve extensive investigation, expert testimonies, and aggressive negotiations with insurance companies. Without an experienced attorney, victims may struggle to prove liability and secure adequate compensation.

At Southern Maryland Law, we pride ourselves on having been a part of the Waldorf community for over 60 years. Our approachable and dedicated team is committed to treating clients as individuals, not numbers, ensuring personalized attention and real solutions to real problems. We understand the complexities of Maryland’s medical malpractice laws and will work tirelessly to ensure justice for our clients.

Contact Us Today

Understanding your rights and the intricacies of medical malpractice law in Maryland is essential when considering action against a doctor and a hospital. With the proper legal guidance, you can navigate these complexities and pursue the justice and compensation you deserve.

If you or a loved one has suffered due to medical negligence, don’t wait. Contact Southern Maryland Law today for a free consultation, and let us help you fight for the justice you need and deserve.