what kind of limited immunity do they have?
2007-01-05 05:27:31 · 12 answers · asked by my name is call me ishmael 1 in Politics & Government ➔ Law & Ethics
You need to see an attorney who specializes in malpractice, and you really do need a specialist. Malpractice is one of the more convoluted areas of law and while a general purpose attorney may often win for you, the specialist REALLY knows the field and all the traps and tricks. You need the specialist because you can bet the nurse, the hospital and their insurance carriers will have some highly talented attorneys fighting you. Good luck.
2007-01-05 05:43:45 · answer #1 · answered by Anonymous · 0⤊ 0⤋
A hospital can be sued, along with a staff member, depending on what happened. Unfortunately, Americans have been given the impression that sueing everyone is the way to settle a grievance - and also the way to get rich quick. The effect of so many law suits is to push the cost of care way up, and the standard of care way down, as insurance companies and hospitals reduce staffing to cover their increased costs.
It's a fact of life that some bad things happen; if there is no real negligence, and no real harm done, settle the issue directly with the hospital and don't bring in the lawyers.
2007-01-05 05:31:47 · answer #2 · answered by Anonymous · 0⤊ 0⤋
A hospital can be sued for the actions of all their employees because they are acting as an "agent" of the hospital in the performance of their duties. A nurse can also be named independently in a lawsuit, but is generally named as a co-defendant with the hospital and/ or physician involved.
2007-01-05 05:32:04 · answer #3 · answered by Susie D 6 · 1⤊ 0⤋
I have been a nurse for many years and trust me the hospital is responsible for the actions of its employees just like with any other business. Immunity does not exist. Especially in these days where you can sue McDonalds because you spilled hot coffee on yourself.
2007-01-05 05:57:43 · answer #4 · answered by Miss Crickett 4 · 0⤊ 0⤋
Yes, they can. One here was sued 4 times and paid out huge amounts of money....due to negligence that resulted in the deaths of four people. They were sued a fifth time...but not sure how that one came out. And that one WAS against a nurse. Due to her actions COULD have resulted in another death...possibly two.
2007-01-05 05:35:31 · answer #5 · answered by TexasRose 6 · 0⤊ 0⤋
Anybody can be sued for anything these days.
Yes hospitals can and are usually sued for actions of staff members.
2007-01-05 05:29:15 · answer #6 · answered by CHAD M 2 · 0⤊ 0⤋
Absolutely! The hospital is liable for the actions of any employee regardless of the person's position. If a janitor failed to place a "wet floor" sign and someone happened to slip then that hospital is liable for damages!
2007-01-05 05:31:54 · answer #7 · answered by Brian H 4 · 1⤊ 0⤋
Yup
Under a theory called "respondeat superior" - basically, employers are responisble for the actions of their employees
2007-01-05 05:54:12 · answer #8 · answered by BigD 6 · 0⤊ 0⤋
Yes they can. A place of employment is responsible for what their employees do when they are at work.
2007-01-05 05:29:24 · answer #9 · answered by Rorshach4u 3 · 0⤊ 0⤋
yes, but becareful thats how medical insurance goes up
2007-01-05 05:37:50 · answer #10 · answered by Anonymous · 0⤊ 0⤋