Staples, Ellis + Associates, P.A. Staples, Ellis + Associates, P.A.

Florida Personal Injury Lawyers

Staples, Ellis + Associates, P.A.
Local: 850-696-0314
Toll Free: 888-414-1326
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How does vicarious liability apply to hospitals?

One of the most complicated aspects of the law when it comes to medical malpractice is the fact that many patients find out that they have been victim to poor and negligent medical standards years or even decades after they have been treated. This makes it extremely difficult to find an appropriate entity to blame or recoup damages from.

A common example of this is when a patient has had an operation years prior that was successful and smooth. When this patient goes to a hospital to have an X-ray for an unrelated matter, the doctors find that there has been a piece of surgical equipment left inside the body. This piece of equipment must be removed at a high cost.

The patient has done nothing wrong, yet because of a doctor's negligence years earlier, he or she must undergo a painful operation and potentially pay thousands of dollars. Of course, it is natural to try and recoup damages. However, if the doctor who caused the damage is unknown, where does the liability stand? This is where vicarious liability comes in.

Vicarious liability

The doctor in question, whether or not his or her identity is known, would have been a known employee at a hospital. Therefore, the employee can be held responsible for his or her actions and negligence under the "respondeat superior" theory under some circumstances.

If you or a loved one has been a victim of medical malpractice, you may not know who the liable doctor is. But the hospital as a whole can be accountable for negligence that resulted in pain and suffering.

Source: Findlaw, "Vicarious liability," accessed Nov. 08, 2017

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Staples, Ellis + Associates, P.A.

Florida Personal Injury Lawyers

Staples, Ellis + Associates, P.A. 201 N. Palafox Street 2nd Floor Pensacola, FL 32502 Toll Free: 888-414-1326 Phone: 850-696-0314 Fax: 850-438-0575 Pensacola Law Office

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