Serving Injured Clients & Their Families Throughout Arizona
Do You Have A Case?
Call us today for a free consultation
Harris powers* & cunningham
Catastrophic Injury And Wrongful Death Attorneys
Phoenix Injury Attorneys
Harris powers* & cunningham
Catastrophic Injury And Wrongful Death Attorneys
Medical
Malpractice

wrongful
Death

Personal
Injury

Car
Accidents

Truck
Accidents

Can you sue doctor and hospital for the same incident?

Your medical care can go wrong in a hospital. Instead of getting better, you suffer harm due to a doctor’s negligence. Can the hospital be held responsible for a doctor’s negligence?

Hospital Malpractice Attorney

In Arizona you may sue an employer if one of its employees commits negligence which harms you – as long as the employee is working within the “scope and conduct” of employment at the time of the negligent act. A little-known fact is that many doctors at hospitals are not actually “employees,” of the hospital, but instead are “independent contractors.” Whether a doctor is an “employee” or “independent contractor” is often a critical issue in medical malpractice lawsuits because it may determine whether the hospital can be held responsible for the doctor’s negligence.

Hospital Employees and Negligence

Because an employer is generally responsible for the actions of its employees, if it is established that a doctor is an employee of the hospital, you will be able to sue both the doctor and hospital for your negligent care.

How Do You Determine If a Doctor Is an Employee of the Hospital?

A doctor is more likely to be a hospital’s employee if:

  • The hospital controls the doctor’s working hours
  • The hospital determines the fees that the doctor can charge for their services
  • The hospital issues the doctor a W-2, offers them benefits and withholds the appropriate taxes from their paychecks

Times When Hospitals Can Be Held Liable for Non-Employee Doctors

There are times that a hospital may be responsible for the doctor’s actions, even if the doctor is not an employee of the hospital:

  1. The hospital does not make it clear that the doctor is not their employee.
    If the hospital fails to inform the patient during admissions or at a very early stage of treatment that the doctor treating them is not their employee, the patient can sue the hospital if the doctor is negligent.
  2. The hospital retains an incompetent doctor.
    If a doctor is incompetent, it does not matter if they are an employee or an independent contractor. If the hospital has knowledge that the doctor is incompetent or dangerous and still retains them and gives them staff privileges, then the hospital is liable. This is called negligent hiring.

If you believe you are a loved one has suffered negligent medical care from a hospital or doctor, an Arizona medical malpractice attorney may be able to help you get compensation.

Archives

FindLaw Network

REAL RESULTS

$3,234,253
Wrongful death of young mother due to delay in diagnosis…
$9,750,000
Failure to diagnose and treat infant resulting in permanent injuries to infant.
$5,875,000
Wrongful death of young mother with 2 minor children due to multiple…
$5,000,000
Head-on collision with drunk driver resulting in brain injury…
$4,250,000
Permanent injuries to adult male in hospital after guidewire left…
$3,234,253
Wrongful death of young mother due to delay in diagnosis…
$9,750,000
Failure to diagnose and treat infant resulting in permanent injuries to infant.
"Ethical & Professional"
Thank you for your patience and understanding. I was impressed when we first met you, as I still am today, with how ethical and professional you are. I know we were very fortunate to have you representing us. I also want to thank your staff for all they have done. Please pass on our appreciation to anyone that had anything to do with our case. – LA
"Best Attorney Ever!"
I want to thank you for all your efforts on our behalf in settling our legal claim concerning my dad’s death. We’re grateful that we finally prevailed and are relieved to put it behind us now. But as gratifying as that has been, what remains with me the most is my deep gratitude for your compassionate..” – GG
"Your Reputation Got Us The Favorable Settlement Amount"
I never had any doubts that we were in the best legal hands. I’m convinced that your reputation got us the favorable settlement amount that we agreed on. – BA
"I Feel So Lucky To Have Found You"
I was dreading having to go through a legal battle along with trying to get well and feel well. I feel so lucky to have found you. I know you were doing your job, but I want you to know how much I appreciated your kindness and compassion. You really helped me through a difficult time in my life. – GP
"Incredible Work!"
It has been very hard for me to go through such a difficult time without my parents here. My dad would be so pleased and supportive of the incredible work you are doing for me. I know he is smiling and my mom is grateful. Thank you. – MK
"Ethical & Professional"
Thank you for your patience and understanding. I was impressed when we first met you, as I still am today, with how ethical and professional you are. I know we were very fortunate to have you representing us. I also want to thank your staff for all they have done. Please pass on our appreciation to anyone that had anything to do with our case. – LA
"Best Attorney Ever!"
I want to thank you for all your efforts on our behalf in settling our legal claim concerning my dad’s death. We’re grateful that we finally prevailed and are relieved to put it behind us now. But as gratifying as that has been, what remains with me the most is my deep gratitude for your compassionate..” – GG