Recently, I was asked to look at a case for a man regarding the wrongful death of his wife at a local hospital.
My name is Ric Mitzel, I am a personal injury attorney who specializes is medical malpractice cases.
This man had contacted another attorney, who was with a large well known firm, and after reviewing the hospital chart, this other lawyer told him that the case did not meet his criteria and rejected it.
I was asked to provide a second opinion, and after reviewing the chart, found the case to definitely have merit.
Consequently, I accepted the case and after litigating the case, we recently won a $2,500,000 settlement for my client.
If you have had a medical malpractice claim rejected by another attorney I offer a Second Opinion — Call (352) 577-0313… or send me an email.
The laws in Florida are the same regarding medical malpractice claims against hospitals and their employees and agents as they are for claims against individual health care providers.
Hospitals can be held responsible for the negligent acts of their employees when the care rendered to a patient falls below the appropriate standard of care and results in harm to a patient.
The first question to be determined is who are the staff and agents of the hospital and who are not.
For years, hospitals have reduced the number of staff they employ so as to reduce the hospital’s exposure for claims of medical malpractice against them.
This has been accomplished by hiring independent contractors to perform many of the services that some employees used to be responsible for.
For example, now emergency room physicians groups are not hospital employees but are independent contractors.
This is also true, in many cases, of radiologists, pathologists, etc.
Historically, also private physicians who render care to their patients are not employees of the hospital.
However, there are now treating doctors in hospitals who are employed by the hospitals that are called Hospitalists.
They are not private physicians but provide care only in hospitals.
Many private doctors prefer not to see their patients in a hospital setting and have only an office practice.
When one of their patients has to be seen at a hospital, it is the hospitalist who is the admitting and primary doctor for the patients care.
Lastly, in some situations, a private doctor who is not an actual employee of the hospital can be determined to be an apparent employee of the hospital.
This is true when the physician and/or the hospital give the appearance that the doctor is an agent of the hospital.
FREE Second Opinion with Attorney Mitzel — Call (352) 577-0313… or send me an email.
Also, you should know that some area hospitals are teaching hospitals.
What that means is these hospitals are associated with state medical colleges, and many of the doctors on staff are employees of the state and not the hospital. Medical students are trained at the hospital by these physicians, and they are not employees of the hospital either.
If a patient is negligently injured while being treated by one these doctors or a student, no medical malpractice claim can be made against the hospital.
Any claim must be made against the State of Florida, their employer.
Unfortunately, there are caps or limits regarding the amount of compensation that a patient is entitled to for a claim against the state.
Florida Statute 768.28 covers this… you can read more about it in a previous article I posted – http://accidentlawyerspringhill.com/hospitals-may-be-guilty-of-medical-malpractice/
I hope you found this information helpful. If you feel that you or a loved one is the victim of medical malpractice and your claim has wrongly been rejected by another attorney –
Call NOW for a FREE Second Opinion — (352) 577-0313… or send me an email.