When a patient suffers harm due to medical negligence, they may have the right to file a medical malpractice lawsuit. However, determining who is legally responsible—the hospital, doctor, or both—can be complex. Liability depends on who made the mistake, the employment status of the healthcare provider, and the hospital’s role in the negligence.
This guide explains when to sue a hospital, when to sue a doctor, and when both may be held accountable in a medical malpractice case.
1. Who Can Be Sued in a Medical Malpractice Case?
A medical malpractice lawsuit may be filed against:
- Individual doctors or other healthcare providers.
- Hospitals and medical facilities for systemic failures.
- Both the doctor and hospital if negligence occurred at multiple levels.
Liability depends on whether the doctor was an employee of the hospital or an independent contractor.
2. When Can You Sue a Hospital?
A hospital can be sued if its employees (doctors, nurses, or staff) were negligent while acting within the scope of their job duties.
Reasons to Sue a Hospital
1. Negligence by Hospital Employees
- Nurses, medical technicians, or hospital-employed doctors make a preventable medical error.
- The hospital is responsible for ensuring its staff provides proper care.
Example:
A nurse administers the wrong medication, causing a fatal reaction. The hospital may be liable for hiring unqualified staff or failing to provide proper training.
2. Emergency Room Malpractice
- ER patients often receive delayed or incorrect treatment due to hospital understaffing.
- A hospital may be liable if it fails to provide timely emergency care.
Example:
A patient arrives at the ER with signs of a heart attack but is sent home without testing. The hospital may be responsible if delayed treatment led to death.
3. Surgical Errors by Hospital Staff
- If a hospital-employed doctor or surgical team makes a mistake, the hospital may be sued.
Example:
A hospital-employed anesthesiologist administers an excessive dose of anesthesia, leading to a coma. The hospital is responsible for its employee’s actions.
4. Failure to Maintain Safe Conditions
- Unsanitary conditions lead to infections.
- Faulty medical equipment causes injuries.
- Hospital security failures allow patient harm.
Example:
A patient develops severe sepsis due to unsanitary hospital conditions. The hospital may be sued for violating health and safety regulations.
5. Negligent Hiring or Inadequate Staffing
- Hospitals must screen medical staff for proper credentials.
- Understaffing may lead to patient neglect or treatment delays.
Example:
A hospital hires a surgeon with a history of malpractice. If the surgeon makes a fatal error, the hospital may be sued for negligent hiring.
3. When Can You Sue a Doctor?
A doctor can be personally sued if their medical negligence caused harm. However, whether the hospital is also liable depends on whether the doctor is an employee or an independent contractor.
Doctors Who Are Employees vs. Independent Contractors
| Doctor’s Status | Can You Sue the Hospital? | Can You Sue the Doctor? |
|---|---|---|
| Hospital Employee | Yes, the hospital is liable. | Yes, the doctor can also be sued. |
| Independent Contractor | No, unless the hospital was negligent in supervision or hiring. | Yes, the doctor is personally responsible. |
Reasons to Sue a Doctor
1. Misdiagnosis or Delayed Diagnosis
- A doctor fails to detect a serious condition (e.g., cancer, heart attack).
- The delayed diagnosis worsens the patient’s condition.
Example:
A primary care doctor misdiagnoses meningitis as the flu, leading to a fatal infection. The doctor can be sued for medical negligence.
2. Surgical Errors
- Wrong-site surgery (operating on the wrong organ or limb).
- Leaving surgical instruments inside a patient.
- Performing surgery without patient consent.
Example:
A surgeon removes the wrong kidney, causing life-threatening complications. The patient sues the doctor for negligence.
3. Medication Errors
- A doctor prescribes the wrong drug or dosage.
- The incorrect medication leads to serious health complications.
Example:
A psychiatrist prescribes an overdose of medication, causing organ failure. The doctor can be sued for prescription malpractice.
4. Birth Injuries
- A doctor fails to perform a C-section in time, causing brain damage.
- Improper use of forceps or vacuum extractors results in nerve damage.
Example:
A baby suffers cerebral palsy due to oxygen deprivation caused by delayed labor decisions. The parents sue the doctor for malpractice.
4. When Can You Sue Both a Doctor and a Hospital?
A hospital and doctor may both be sued when:
- A hospital employee and an independent contractor doctor both acted negligently.
- The hospital failed to properly screen, supervise, or fire a negligent doctor.
- Systemic hospital failures contributed to malpractice (e.g., understaffing, inadequate training).
Example:
A hospital’s failure to monitor fetal distress and a doctor’s delay in performing a C-section both contribute to a birth injury. The parents sue both the hospital and doctor.
5. How to Prove Liability in a Medical Malpractice Case
To win a malpractice case, the plaintiff must prove:
- Duty of Care – The hospital or doctor had a legal duty to provide safe medical treatment.
- Breach of Standard of Care – The doctor or hospital failed to meet medical standards.
- Causation – The negligence directly caused harm.
- Damages – The patient suffered injuries, financial loss, or emotional distress.
Evidence Used in a Medical Malpractice Lawsuit
- Medical records (charts, test results, prescriptions).
- Hospital policies and safety protocols.
- Expert witness testimony from other doctors.
- Surveillance footage (in some cases, proving patient neglect).
6. Compensation Available in a Medical Malpractice Lawsuit
1. Economic Damages (Financial Losses)
- Medical bills (surgeries, hospital stays, rehabilitation).
- Lost wages (if the patient is unable to work).
- Future medical expenses (lifelong treatment for severe injuries).
2. Non-Economic Damages (Pain and Suffering)
- Physical pain and emotional distress.
- Loss of quality of life (permanent disabilities).
3. Punitive Damages (If Gross Negligence Is Involved)
- Awarded if the doctor or hospital acted recklessly or intentionally concealed mistakes.
California’s Cap on Non-Economic Damages:
- $500,000 limit for medical malpractice cases (MICRA law, updated in 2023).
7. Why Hiring a Medical Malpractice Attorney Is Crucial
A medical malpractice lawyer can help by:
- Determining whether the hospital, doctor, or both are liable.
- Gathering expert testimony to prove negligence.
- Negotiating with insurance companies for fair settlements.
- Filing the lawsuit before the deadline (California’s statute of limitations is three years from injury or one year from discovery).
Conclusion
Deciding whether to sue a hospital, a doctor, or both depends on who was responsible for the medical negligence. If a hospital employee made the mistake, the hospital is liable. If an independent doctor was negligent, they must be sued directly. In cases involving systemic failures or multiple medical errors, both the hospital and doctor may be held accountable. Since medical malpractice cases are complex, consulting an experienced San Diego medical malpractice attorney can help victims maximize compensation and secure justice.
References
- California Code of Civil Procedure § 340.5. (2023). Medical malpractice statute of limitations. Retrieved from https://leginfo.legislature.ca.gov
- California Medical Injury Compensation Reform Act (MICRA). (2023). Limits on malpractice damages. Retrieved from https://www.cmirm.org
- American Medical Association. (2023). Hospital liability and physician malpractice statistics. Retrieved from https://www.ama-assn.org
