Who is responsible for medical malpractice?

by | Aug 5, 2022 | Medical Malpractice

Whether you seek a routine medical evaluation at a private practice or treatment for an acute condition in a hospital emergency room, you have a right to care that meets professional medical standards. When that care falls short or causes harm, you may want accountability from your healthcare provider.

You may not realize that you can also hold the following parties liable for your adverse outcome.


Nurses, radiologists and other staff members to whom hospitals pay a salary to work specific hours are employees. Hospitals are responsible for the actions or negligence of employees who harm patients.

However, hospital physicians are typically independent contractors and not hospital employees. Under these circumstances, hospitals may not be responsible for physician errors leading to medical malpractice lawsuits. Still, a hospital could be liable for a physician’s medical malpractice when a patient believes that an employee-employer relationship exists.

Pharmaceutical companies

Adverse drug side effects have numerous causes, including interactions with other drugs and improper dosages. Under these circumstances, a physician who fails to review a patient’s medical history, allergies and prescriptions before prescribing medication may be liable for the harm it causes.

However, a patient may have a valid medical malpractice claim against a pharmaceutical company that neglects to state potential drug risks that doctors would otherwise not know about before prescribing it.

Concierge medicine companies

Patients who choose concierge medical practices receive better access to physicians in exchange for an annual fee or retainer. These medical practices are members of a corporate entity that provides marketing, advertising, billing, staff training and other services. A concierge medicine company could be liable for medical malpractice when one of its affiliate doctors fails to meet the standards it advertises.

Complex medical malpractice cases may involve numerous parties contributing to patients’ harm.