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Is the Hospital or Treating Doctor Liable in a Medical Malpractice Claim?

Doctor and Nurse

Medical Malpractice claims are some of the more difficult and complex legal matters to pursue. Not only are you dealing with serious health complications, you must also navigate through a maze of parties to determine who is responsible for possible medical malpractice. One of the more common misconceptions is that if you are the victim of medical malpractice while being treated at a hospital, then the hospital is responsible for any damages you have sustained. While this was the case many years ago, hospitals are now finding legal ways to avoid responsibility in potential malpractice claims. 

How Hospitals Avoid Responsibility in Malpractice Claims

The hospitals now claim that certain healthcare providers are merely independent contractors, meaning the hospital does not control the provider’s actions. These “independent contractors” make health and treatment related decisions on their own, with no input or directive from the hospital, thus allowing the hospital to avoid medical malpractice claims.

This is an issue that has been greatly debated and litigated because there are many times a healthcare provider is labeled an independent contractor but are still under the hospital protocol. To determine the hospital’s responsibility for the provider’s actions, your medical malpractice attorney will closely examine the relationship between the healthcare provider and the hospital. There are certainly times when the hospital is concealing the amount of control they have over a doctor, thus making them equally responsible for damages related to a malpractice claim. 

If the hospital is setting the physicians hours or compensation rate, then they may not be an “independent contractor”. The relationship between a doctor and hospital can be confusing, thus the importance of hiring the right Memphis-based medical malpractice attorney.

Filing a Medical Malpractice Claim in Tennessee

In the state of Tennessee, you have a limited amount of time to pursue a medical malpractice claim. Typically, a plaintiff only has one year from the date of the malpractice to bring legal action, or the claim will be barred. The exception to the one year statute of limitations is for foreign objects left inside a patient. In that instance, the client has one year from the date of discovery of the object to file suit in Tennessee.

If you or a loved one believe you have been the victim of medical malpractice you should consult with a member of the medical malpractice team at The Chiozza Law Firm by calling 901-526-9494. Our long and successful list of verdicts and judgments are a testament to the thorough and hard work our attorneys put into each and every case.  

Call for a Free Case Evaluation

A free and confidential case evaluation with one of our attorneys is a call that will cost you nothing. If nothing else, we will offer you our legal opinion and available options in an honest manner that will allow you to choose the best course of action. We only take a fee if we are successful in obtaining a recovery on your behalf. Call 901-526-9494 for immediate assistance or email attorney Brian Chiozza for emergency and after-hours questions. 



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Posted by Brian Chiozza at 8:31 AM
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