When you have been injured while you were getting treated at a particular hospital, your personal injury lawyer in Bathurst would suggest you to file a personal injury claim against the hospital where you were getting treated. A lot of times, when such a thing happens, you can mostly file a claim against the hospitals for the incompetent care that was being provided by the nurses or the para medical staff members but not against the doctors as they are mostly working with the hospitals as consultants and not as full-time employees.
According to the given laws, if the incompetence is displayed by an employee of the hospital, the hospital would be technically liable for the actions of their employees. Your personal injury lawyer in Bathurst would tell you that the hospital would be under the scanner for the negligence displayed by their employees. In a normal situation, nurses, technicians, and support staff members are the employees of the hospital. This means that if they commit an act of negligent while being on their duty, the hospital would be held responsible for the same. Also, in case the act of negligence was committed by the hospital staff under the guidance of a doctor who is not really an employee of the hospital, the patient can sue the doctor but not really the hospital for the negligence.
Your personal injury lawyer in Bathurst would tell you that when such a case happens, it would be checked whether the doctor was present at the time when the act of negligence was committed. It would also be checked whether the doctor had control over the treatment that was being provided to the patient. Also, whether the doctor is an employee of the hospital is also a critical question that would come to play whenever such an incident happens. While most of the times doctors are not really the employees of the hospital, some of them are employed on the pay roll of the hospital and when it is a similar case, the hospital would also be liable for the mistake of their doctor.
On the other hand, there are certain situations wherein even when a doctor is not an employee of the hospital, the hospital may still be liable for the negligence of the doctor. Your personal injury lawyer in Bathurst will tell you that in case the hospital appeared to be the employer of the doctor and does not make it clear that the doctor is not an employee of the hospital, they would be liable for the negligence of the doctor as they did not make it clear at the onset. However, sometimes when the patient is admitted in emergency, the hospital may not be liable as there wasn’t enough time to inform the patient about the same. For more information visit here: Barapp Injury Law Corp
Thursday, 29 December 2022
Is It Possible To Sue A Hospital For Medical Malpractice As Per Personal Injury Lawyer In Bathurst?
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