Holding Hospitals Liable for Medical Malpractice in Minnesota: How to Win Your Case

Victims of Hospital Errors Can Hold Employees Liable for their Injuries to Win Their Minnesota Medical Malpractice Case


Most people go into a hospital and come out in a better condition.  However, some people go into a hospital and come out worse—or not at all.  Sometimes this is due to the seriousness of the medical emergency the patient is experiencing.  Other times, unfortunately, this is due to the medical malpractice of a healthcare provider or a group of medical professionals.  Hospitals have many different healthcare providers which could be responsible for the errors, including surgeons, nurses, anesthesiologists, doctors, dentists, technicians, nurse practitioners, and other professionals.  Many times, not all of these providers are actually employed by the hospital, but rather have “privileges” or the ability to practice there.


Minneapolis and St. Paul Minnesota have some of the largest hospitals in the State.  Some of these hospitals in the Twin Cities and include Abbott Northwestern Hospital, University of Minnesota Medical Center, Mercy Hospital, Regions, St. John’s, St. Joseph’s, Allina, Fairview, Healtheast, North Memorial, and Hennepin County Medical Center (HCMC).  All of these hospitals have been sued for medical malpractice before and all make medical errors.  Given the state of medicine, medical malpractice is tragically considered just the cost of doing business,  There are no hospitals that do not make medical errors.  .


Establishing Liability Against a Hospital for an Employee’s Medical Malpractice in Minneapolis, Minnesota


When a hospital employee such as a doctor, nurse, technician, or other healthcare provider makes a mistake which causes harm to a patient, it can be medical malpractice.  The hospital as an employer is liable for the negligence of its employees.  This is known as the master-servant relationship codified in the common law, or judge made law, dating back to even British common law.


More commonly, this principle of law is known as vicarious liability.  The employer will be vicariously liable for all negligent acts caused by the employee while the employee was within the scope of employment.  Meaning that if the employee is acting to help the employer’s business, to generate income, and to otherwise act for the benefit of the employer, the employer will be liable.


Privileges versus Attending Physicians


Generally, a hospital will only be liable for an employee’s mistake.  But some doctors who practice at a hospital are not always employees.  Some of them have “privileges” which is permission to work at the hospital.  The hospital bills the doctor for supplies and assistance, but the doctor gets to use the facilities, medical professionals, and bill the patient’s insurance.  Other doctors are attending physicians, and perform work directly for the hospital as the hospital sees fit.


When a doctor commits medical malpractice it is essential to determine whether he or she has privileges at the hospital or is an attending.  If a doctor has privileges only, the hospital will likely not be liable as the doctor is not an employee.  If the doctor is an attending, he or she is an employee of the hospital and the hospital will be liable.


This is a difficult determination for a victim of medical malpractice to do.  It requires the assistance of a lawyer who is trained in medical malpractice and has experience evaluating claims and determining status of a provider.


Kuhlman Law, LLC Will Hold Hospitals Liable for their Minneapolis Medical Malpractice


Here at Kuhlman Law, LLC, we recognize that hospitals make mistakes and we represent victims of their negligence.  Call us today for a FREE consultation by dialing (612) 444-3374 to learn how we can protect your rights to compensation if you have been harmed by a negligent hospital.


If you or a loved one have been injured due to the medical malpractice of a healthcare provider such as a doctor, nurse, hospital, or other health care service professional, we understand what a tragic experience it is.  Call us to learn more about your rights.  If we accept your case, we will conduct a thorough review of it and advise you whether there may have been a serious medical mistake causing your injury.   There is no risk, and you do not owe us money unless we win your case.

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