When medical care goes wrong in a hospital setting, determining who is legally responsible can be complex. In Florida, hospital malpractice may involve multiple liable parties, including the hospital itself, individual doctors, nurses, or even third-party contractors. If you or a loved one has suffered harm due to substandard care, understanding who you can sue is critical to seeking justice and compensation.
1. Suing the Hospital for Negligence
Hospitals in Florida can be held directly or vicariously liable for malpractice. Direct liability may arise when the hospital’s own policies, staffing, supervision, or administrative practices contribute to a patient’s injury. Examples include:
-
Inadequate training or supervision of staff
-
Understaffing or improper nurse-to-patient ratios
-
Failing to maintain sanitary or safe conditions
-
Administrative errors affecting patient care
Florida law also allows for vicarious liability, where hospitals can be held accountable for the actions of their employees—including nurses, technicians, and sometimes doctors—if those individuals were acting within the scope of their employment.
2. Suing the Doctor: Independent or Employed?
Physicians are often the primary defendants in hospital malpractice cases. However, whether you can sue the hospital for the doctor’s negligence depends on the nature of the doctor’s employment:
-
Hospital-Employed Doctors: If the doctor is an employee of the hospital, the hospital may be held liable for the doctor’s malpractice under the principle of respondeat superior.
-
Independent Contractors: Many doctors are independent contractors rather than hospital employees. In these cases, you may sue the doctor directly, but the hospital may not be held vicariously liable unless there was an appearance of employment or negligent credentialing.
Apparent Agency Doctrine in Florida
Florida courts recognize the concept of apparent agency, meaning a hospital may be held liable for an independent contractor’s malpractice if the patient reasonably believed the doctor was a hospital employee. This commonly arises in emergency room cases, where patients rarely choose their treating physician.
3. Suing Third-Party Providers
Hospitals often contract with outside entities to provide services such as radiology, pathology, anesthesiology, or emergency medical care. These third-party providers or companies may also be liable for malpractice. Examples include:
-
Radiology companies misreading imaging
-
Lab companies delivering inaccurate test results
-
Contracted security firms failing to protect patients
While these entities are not hospital employees, they can be named in a lawsuit if their negligence contributed to the harm suffered.
4. Nurses and Support Staff
Nurses, nursing assistants, and other hospital staff are typically hospital employees. If one of these professionals acted negligently—by failing to monitor a patient, administering the wrong medication, or not reporting a change in condition—the hospital can usually be sued directly under vicarious liability.
5. Negligent Hiring or Credentialing
Even if a doctor is an independent contractor, a hospital can still be liable for negligent hiring or credentialing if it allowed an unqualified or dangerous practitioner to treat patients on its premises.
Final Thoughts
Hospital malpractice cases in Florida often involve multiple defendants and complex liability issues. Identifying the responsible parties—whether it’s the hospital, an individual doctor, or a third-party provider—is critical to building a strong legal case. If you suspect medical negligence, consulting with an experienced Florida medical malpractice attorney is the first step toward holding the right parties accountable.
Need Legal Help?
If you or a loved one has been injured due to hospital negligence, contact our office today for a free consultation. We will help you evaluate your case, identify all liable parties, and pursue the compensation you deserve.
Have you or someone you know been injured as a result of hospital 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.
