When medical malpractice occurs, it is often the actions and inactions of doctor(s), physician assistant(s), nurse(s), and other medical personnel that become the focus of a medical malpractice case. But what about the hospitals, nursing homes, health care systems, and other institutions that may be involved?

In this article, we will discuss the ways in which hospitals, nursing homes, urgent care centers, and health care systems can be held liable in a medical malpractice case, both for the negligence and recklessness of the medical personnel practicing within their walls and for their own negligence and recklessness. Investigating and pursuing malpractice claims against the medical institution at which the malpractice occurred often provides an additional route of recovery for injuries and losses sustained as a result of the malpractice.

At the Law Office of Alvin F. de Levie, Esq., we have represented individuals and families in medical malpractice cases for decades throughout the Commonwealth of Pennsylvania, including, for example, Montgomery County, Philadelphia County, Centre County, Bucks County, Chester County, Delaware County, Lehigh County, Clearfield County, and Fayette County, to name a few. Our team of lawyers has the expertise, the resources, and the experience in handling complex medical malpractice cases and reviewing medical records to determine whether hospitals, health care systems, nursing homes, urgent care centers, and other such institutions may be held liable for the malpractice of a medical provider.

Vicarious Liability

In Pennsylvania, vicarious liability is a doctrine which holds an employer responsible for the negligence and recklessness of its employees and servants. The theory is that an employer acts by and through its agents, servants, representatives and employees. Therefore, any harm caused by the negligence or recklessness of those agents, servants, representatives and employees is directly attributable to the employer as if the employer itself caused the harm.

In order for the doctrine of vicarious liability to apply, the medical provider who committed the medical malpractice must be:

1. Employed by the hospital, nursing home, urgent care, health care system, or other such entity; and
2. Be operating within the course and scope of his/her employment at the time the medical malpractice was committed.  In other words, the medical malpractice must have been committed while the medical provider was “on the clock” and performing his or her job duties in furtherance of the employer’s business.

Ostensible Agency

In modern medical practice, the relationships between hospitals, health care systems, and the various medical personnel that staff them is often extremely complex. For example, the doctor you see at a hospital may not actually be an employee of the hospital but may only see patients at the hospital by means of an agreement while he or she is employed by an outside group of physicians. Similarly, you may get an MRI or other diagnostic test performed at the hospital, which is then sent to an outside radiologist to be read, with the results being disclosed to you by actual hospital personnel. In these situations, the doctrine of vicarious liability would not apply, as the medical provider who may have committed malpractice is not actually an employee of the hospital, health care system or other institution where you received care.

However, there may have been no indication to you as the patient that the doctor or other medical provider was not an employee. In fact, it may be that the hospital or other institution, by means of signs, advertisements, identification badges and other information, held the medical provider out to you and the public as an employee or otherwise made it so that the medical provider would at least appear to be its employee.

In these situations, Pennsylvania Courts apply the doctrine of ostensible agency. Under the doctrine of ostensible agency, a hospital, physician or other such healthcare provider may be held liable for the acts of an independent healthcare provider if he or she appears to be the agent of the hospital, physician or other such healthcare provider.

In determining whether ostensible agency applies, the Courts look to whether a reasonably prudent person in the patient’s position would be justified in the belief that the care in question was being rendered by the hospital, physician, or other such healthcare provider or its agents; or whether the care in question was advertised or otherwise represented to the patient as care being rendered by the hospital, physician or other such healthcare provider or its agents.

If ostensible agency applies, the hospital or other health care institution can be held liable for the actions and inactions of the medical providers who committed medical practice as if they were the institution’s own employees, just like they were vicariously liable.

Corporate Negligence (i.e., direct negligence and “Thompson claims”)

In Pennsylvania, in addition to potentially being vicariously and/or ostensibly liable for the actions of medical providers, hospitals, health care systems and other such institutions can be held liable for their own negligence in performing their corporate functions as a hospital or other such institution. The doctrine of “corporate negligence” was first enunciated by the Pennsylvania Supreme Court in the case of Thompson v. Nason, 527 Pa. 330, 591 A.2d 703 (1991).

In Pennsylvania, hospitals, health care systems, and other such medical institutions have certain non-delegable duties, namely:

• A duty to use reasonable care in the maintenance of safe and adequate facilities and equipment;
• A duty to select and retain only competent physicians;
• A duty to oversee all persons who practice medicine in the hospital or other such institution; and
• A duty to formulate, adopt and enforce adequate and appropriate rules, policies, and procedures to ensure quality care of the patients.

If the victim’s medical malpractice was in any way related to the hospital or other such institution’s failure to fulfil any or all of these duties, it will be held liable for the victim’s injuries losses directly, independent of any vicarious liability or ostensible agency liability that may apply.

What Should YOU Do If You, A Loved One or a Friend Suffers Injuries or Death Caused by Medical Malpractice at a Hospital, Health Care System, Nursing Home, Urgent Care, or other such Institution?

YOU SHOULD CONTACT MY OFFICE IMMEDIATELY.

Medical malpractice cases, especially those involving agency and corporate negligence issues, are incredibly complex and require an extraordinary amount of investigation. Your attorney may need to obtain and review thousands of pages of medical records, which will then need to be reviewed by an expert. This is an expensive and time-consuming process that must begin as soon as possible to determine whether you have a claim. You also need an attorney with a thorough knowledge of the practice of medicine and the resources and experts necessary to take the case to trial, if necessary.

At the Law Office of Alvin F. de Levie, Esq., our team of attorneys has decades of experience representing individuals and families injured due to medical malpractice. We have handled medical malpractice cases throughout Pennsylvania: From Philadelphia and the surrounding counties to Centre County, from Central Pennsylvania to Pittsburgh, and from the New York border to the borders of West Virginia and Maryland. If you have suffered an injury or someone died as a result of decubitus ulcers, please call our firm – 24 hours a day, 7 days a week – at (215) 696-3900 for a consultation. One of our team members will be in immediate contact with you. We maintain offices throughout Pennsylvania in Philadelphia, State College and Bellefonte. We are willing to meet any clients throughout the Commonwealth.