Can You Sue a Doctor and a Hospital at the Same Time in Florida?

When you suffer harm because of medical treatment, it can be hard to know who’s really responsible. In some cases, the question is not whether to sue a doctor or a hospital, but whether both may be held accountable. So, can you use a doctor and a hospital at the same time? Simply put, yes, you can. Below, we discuss this further.

Can You Sue Both a Doctor and a Hospital?

In Florida, if both your doctor and the hospital played a role in causing your injury, you can sue them both. Medical malpractice cases can be complicated because responsibility is rarely straightforward, especially when care is provided in a hospital. Maybe the doctor made an error in judgment, but the hospital also failed due to poor staffing, unsafe policies, or inadequate employee supervision. Hospitals can even be liable for their employees’ actions under vicarious liability laws. By including both the negligent doctor and hospital in your claim, you make sure you’re holding everyone accountable and making the most of all possible insurance coverage.

When a Doctor May Be Liable

Doctors become personally responsible for malpractice when they don’t meet the accepted standard of care. This includes mistakes like;

• Misdiagnosis
• Delayed diagnosis
• Surgical errors
• Medication errors
• Failure to obtain informed consent

The focus here is on what the doctor did or didn’t do as an individual. If a doctor’s actions directly caused you harm, a judge or jury can hold them personally liable for your injuries and damages.

When Can a Hospital Be Liable?

Hospitals can be held legally liable if their own policies, practices, or staff harmed a patient. For example, a hospital may be legally responsible if hiring unqualified staff, poor supervision, unsafe conditions, equipment problems, or insufficient staff led to a patient suffering harm.

As mentioned earlier, hospitals may also be liable for their employees’ actions under vicarious liability. In some cases, systemic failures within the facility contribute to patient injury.

Clients are often surprised to learn that Doctors are not typically employees of the hospitals at which they practice medicine. However, hospitals may still be liable for the actions of a doctor where the hospital exercises control over the actions of the doctor, where the patient elects a doctor based on representations of the hospital, and where hospitals have a non-delegable duty to provide competent care.

Key Factors Courts Consider

Florida courts consider numerous factors when deciding who is liable in a malpractice case. For example, they consider whether the doctor worked for the hospital, whether the hospital’s rules or decisions contributed to the injury, what role nurses and other staff played, whether the hospital had control over the doctor, whether the patient chose the doctor based on the hospital holding them out as competent, and whether the hospital was adequately staffed and supplied.

How To Make Your Case Strong

Solid evidence is vital in these cases. Gather medical records, medication lists, discharge summaries, and billing statements. It’s also crucial to have statements from medical staff and a clear timeline of your symptoms and treatments. The more information you can provide about the events and the people involved, the stronger your case will be.

An important thing to note is that in Florida, you generally have two years from the date you discover your injury, and no more than four years from when the incident happened, to file your malpractice claim.

Contact Us for Legal Help

Did you suffer harm due to both a doctor and a hospital? Contact a Tampa medical malpractice lawyer at Gunn Law Group as soon as you can. We can help you protect your rights, preserve key evidence, and ensure you’re targeting the right people for your claim.