In today’s medical industry, it is rather common for hospitals to function more like facilities rather than employers. This means that not every medical professional who walks the hallways may be considered a full-time employee of the hospital. Rather, there may be a mix of attending physicians, independently-contracted physicians, and, namely, visiting physicians. Understanding the official role of a given medical professional is pivotal when accusing them of negligence and pursuing a malpractice claim actively against them. With all that being said, please continue reading to learn whether you can sue, and who to direct your claim towards, if a visiting doctor practiced carelessly, and how an experienced New York City hospital negligence attorney at Mark L. Bodner, P.C., can help you better understand the viability of your potential legal options.
What does it mean to be a visiting doctor at a hospital?
You may be shocked and rather confused when initially discovering that the doctor who was involved in your hospital accident does not usually work there. However, visiting doctors are more common than you would expect. These physicians still have hospital privileges, meaning the given facility permits them to admit and treat patients. But their presence here typically is for providing specialized care that other attending physicians lack, or offering a continuity of care for their pre-existing patients who have been admitted to this specific hospital.
This may be slightly distinct from an independently contracted doctor (i.e., a 1099 contractor). Such a physician will sell their services to a hospital or medical group, perhaps on a shift-by-shift basis. In other words, the hospital facility will supply the building, medical equipment, and supporting staff, while the physician essentially runs their own medical practice. This is to say that a contracted physician may carry more autonomy compared to a visiting physician.
Can I sue a hospital for a visiting doctor’s negligence?
It may be possible for you to sue a hospital for medical malpractice, even if the negligent doctor in question was just a visitor, given the concept of vicarious liability. Here, you may argue in a New York civil court that a business, like a medical facility, can be held responsible for someone else’s actions even if they were not directly involved in the mistake. Specifically, as an example, you may claim that the hospital knew, or should have reasonably known, that a visiting physician had unsafe practices before granting them privileges.
If the negligent physician is an independent contractor, the hospital may attempt to defend that it does not share responsibility. This is because, to reiterate, an independent contractor virtually runs their own medical practice. However, rest assured, this physician should carry their own medical malpractice insurance, and you may still pursue them directly to recover your incurred damages.
Lastly, say that your medical malpractice incident involved a doctor, visiting, attending, or independently contracted, in an emergency room. Well, you may cite apparent agency and explain that you did not get to choose which physician treated you here, but that you relied on the hospital itself to satisfy the standard of care. With this, the civil court may hold that the doctor was representing the hospital at this time, regardless of their employment status, and thereby the hospital must be held somewhat accountable for this accident.
There is no shame in asking for help, especially when you are dealing with something as serious as a legal matter that could affect your physical, emotional, and financial well-being. So please retain legal assistance from a skilled New York City medical malpractice attorney from Mark L. Bodner, P.C. We will happily lend a hand.