Hospitals are generally liable for the actions of their employees that are performed within the scope of their employment. Therefore, a hospital would be responsible for the actions of a doctor or nurse employed by the hospital in the course of caring for a patient in the hospital.

 

Some doctors are not direct employees of the hospital, but rather have privileges at a hospital. Often, these doctors will bill the patient directly rather than through the hospital. These doctors may be considered independent contractors, not employees of the hospital, and the hospital may not be liable for the negligence of these doctors, although there are exceptions. Determining potential hospital liability in a medical malpractice case requires a careful case-by-case analysis by experienced legal counsel.