Submitted by Anonymous on Mon, 12/14/2009 - 08:48
I read your other post about who you can sue for medical malpractice in MA and you said sometimes an injured party might sue the hospital as well as the doctor. But isn't it usually the case that the doctor does not really work for the hospital and is more like an independent contractor?
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Editor's Response
Sure. I did not mean to suggest that all people who sue for medical malpractice will end up suing the hospital. Each case is different. If the doctor and the hospital were negligent in some way, then the plaintiff might sue both parties. If only the doctor was negligent, then the plaintiff's attorney will have to establish whether the doctor was an independent contractor or the hospital (making it difficult or impossible to hold the hospital responsible for the doctor's negligence) or an employee of the hospital (leading to the possibility that the hospital may be held vicariously liable for the negligence of the doctor).
Through the discover process, the plaintiff's attorney can uncover the nature of the relationship between the doctor and the hospital. For example, if the hospital controls the working hours of the doctor and determines what fee the doctor will charge, then it is more likely that the doctor is an employee rather than an independent contractor. Hope that helps. For more information or to post a question, visit our MA Medical Malpractice Discussion Forum.