When a patient suffers injury due to medical negligence in a hospital setting, the question often arises: Can the hospital itself be held responsible? Under Florida law, the answer is yes—but liability depends on specific circumstances. Hospitals in Florida may be held directly or vicariously liable for medical malpractice committed within their facilities.
This blog explores the scenarios in which Florida hospitals can be held legally accountable for medical negligence and what patients and families should know when considering a claim.
1. Vicarious Liability for Employee Negligence
Florida hospitals may be held vicariously liable for the negligent acts of their employees, including:
-
Nurses
-
Technicians
-
Physician assistants
-
Resident physicians
-
Other hospital staff
Under the doctrine of respondeat superior, if a hospital employee commits malpractice while acting within the scope of their employment, the hospital can be sued for damages. For example, if a nurse administers the wrong medication due to misreading a physician’s order, the hospital may be liable for the resulting harm.
2. Liability for Non-Employee Physicians
Hospitals often argue they are not responsible for the negligence of independent contractor physicians, such as attending doctors or specialists. However, Florida courts have recognized exceptions. A hospital may still be held liable for a non-employee physician’s negligence under the doctrine of apparent agency if:
-
The hospital held the physician out as an employee; and
-
The patient reasonably believed the physician was acting on the hospital’s behalf.
This frequently arises in emergency room cases, where patients typically have no choice in selecting the treating physician.
3. Negligent Hiring, Credentialing, or Supervision
Hospitals also owe a direct duty of care in hiring, credentialing, and supervising their medical staff. A hospital may be held liable for:
-
Granting privileges to a physician with a known history of malpractice
-
Failing to conduct adequate background checks
-
Retaining staff with known competence issues
-
Failing to investigate or act on patient safety complaints
Negligent credentialing claims in Florida are governed by Fla. Stat. § 766.110, which imposes a duty on hospitals to assure that their medical staff meet appropriate standards of care.
4. Emergency Room Liability
Emergency departments are often ground zero for hospital malpractice. Florida’s Emergency Medical Treatment and Labor Act (EMTALA) and state laws require hospitals to provide appropriate screening and stabilizing treatment. Hospitals can be liable if:
-
Emergency staff misdiagnose or delay treatment
-
Staff fail to identify signs of stroke, heart attack, or sepsis
-
There is a breakdown in communication or triage
ER malpractice claims often involve multiple parties, including the hospital and physicians.
5. Failure to Maintain Safe Facilities
Hospitals must maintain a reasonably safe environment for patients. Liability may arise if:
-
Equipment malfunctions due to poor maintenance
-
Patients suffer falls due to inadequate monitoring
-
Infections spread due to poor hygiene or sanitation
These claims fall under general negligence or premises liability, but if harm is connected to medical decisions, the case may still be governed by Florida’s Chapter 766 medical malpractice statute.
6. Caps on Damages and Pre-Suit Requirements
It’s important to understand that Florida medical malpractice claims against hospitals are subject to:
-
Presuit investigation and notice requirements under Fla. Stat. §§ 766.106 and 766.203
-
Expert witness affidavit obligations
-
Statutes of limitations: generally two years from the date of discovery, but no more than four years from the incident (with some exceptions)
-
While non-economic damages were previously capped, the Florida Supreme Court struck down those caps in Estate of McCall v. United States (2014)
Conclusion
Hospitals in Florida are not immune from liability when medical malpractice occurs. Whether through the actions of their employees, independent physicians held out as agents, or institutional negligence in supervision and safety, hospitals can and should be held accountable for substandard care.
If you or a loved one suffered injury due to medical negligence in a hospital setting, consulting a Florida medical malpractice attorney is essential to evaluate your legal options and protect your rights.
Need Help with a Florida Hospital Malpractice Case?
Contact our office today for a free consultation. We help victims of medical negligence hold hospitals accountable and pursue the justice and compensation they deserve.
Have you or someone you know been injured as a result of medical malpractice? Contact Florida Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
