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Accountability for Medical Malpractice

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When a medical accident or malpractice occurs, the patient and/or family need to gather information related to the accident. Legal rights for the patient, as well as the actual liability associated with the health care worker and the health care facility may be different depending on whether the concept of "apparent agency" or "independent contractor" applies. The blame and accountability may also be based on these concepts.

Based on your understanding of these concepts, should a hospital be held responsible for acts of non-employee personnel? What is the basis of your position? Please provide references and min of 250+ word response.

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http://www.nolo.com/legal-encyclopedia/medical-malpractice-patients-sue-hospital-negligence-30189.html

should a hospital be held responsible for acts of non-employee personnel

The hospital typically can't be held responsible for acts of non-employee personnel because most doctors who work for hospitals are independent contractors, which means that a doctor that commits malpractice acts that injure a patient while the doctor is independently contracted for the hospital is liable but the hospital is not liable unless certain circumstances are ...

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  • MS, Prairie View A&M University
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