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When Can Hospitals be Held Liable for Medical Malpractice?
Posted on behalf of Peter T. Nicholl in Medical Malpractice Published on September 14, 2022 and updated on May 5, 2026.
Many medical malpractice claims are focused on doctors who caused an injury through their own negligence.
However, there may be other parties that bear liability for the victim’s damages, including the doctor’s employer and/or the medical facility where the victim suffered an injury.
Yes. A hospital can be held liable when its employees commit negligence or when it fails to properly hire, train, or supervise medical staff. Liability is based on vicarious liability or direct negligence if the hospital’s actions or policies contribute to patient harm.
These other parties may be held vicariously liable for the doctor or other medical professional’s actions, depending on the relationship between the medical professional and the medical facility. Vicarious liability is a complex legal concept, which is why victims of medical malpractice should seek help from a licensed attorney.
The experienced malpractice lawyers at the Baltimore location of The Law Offices of Peter T. Nicholl have secured millions for medical malpractice victims. We are ready to help you, as we know how devastating medical malpractice injuries can be. There are no upfront fees with our services, so there is no financial risk in working with us.
Examples of Hospital Mistakes
There are various examples of negligence that hospitals could potentially be held liable for, including:
- Surgery complications
- Misdiagnosis of a medical condition
- Anesthesia mistakes
- Mistakes in the emergency room
- Mistakes with administering medication
- Using faulty or defective equipment
- Failing to maintain medical equipment
- Failing to ensure a sterile environment
Is the Doctor an Employee or Independent Contractor?
Hospitals and other medical facilities would rather avoid being held liable for the actions of their doctors. That is why many Maryland hospitals have chosen to hire doctors as independent contractors rather than employees.
However, hospitals may say a doctor is an independent contractor when that may not be true. An experienced attorney can analyze the relationship between the doctor and the hospital to determine if there is an employer-employee relationship.
If the relationship fits these criteria, the doctor may be an employee, despite what the hospital says:
- Doctor fees are set by the hospital
- The hospital has significant control over payments to the doctor
- The doctor’s schedule is set by the hospital
- The hospital has significant control of the doctor’s duties, conduct, decisions and job conditions
Your lawyer may determine that the doctor who treated you is an employee, which means your lawyer may be able to hold the hospital liable for your damages.
Even if the doctor is an independent contractor, you may not have known that when you received treatment. Typically, Maryland courts have held that hospitals can be held liable for the actions of an independent contractor unless they made it clear to the patient that the doctor was not an employee.
Why Hospitals May be Liable for Your Injuries
Hospitals owe patients various duties of care and if they breach a duty of care, they could be held liable for damages that may result.
For example, hospitals owe patients a duty to hire qualified medical professionals. They need to conduct appropriate background checks and make sure doctors, nurses and other medical professionals have the appropriate licenses and credentials that are up to date. They need to do a reasonable investigation of doctors to determine their reputation in the medical community. Failing to do these things could be considered negligent hiring.
Other examples of hospital negligence may include:
Understaffing
If the hospital did not have enough staff members to provide appropriate care and supervision, the hospital could be liable for damages that result. Your lawyer may be able to argue your injuries could have been avoided or would have been less severe if there were enough staff members present.
Failing to Fire Staff Members
Sometimes hospitals were negligent because they failed to fire health care providers who were incompetent and/or had numerous complaints. Hospitals need to be aware of incompetent staff members because they have a duty to protect and provide appropriate care for patients.
Failing to Take Reasonable Steps to Keep Patients Safe
There are various steps hospitals should take to help keep patients safe. For example, they need to make sure equipment is maintained and functioning properly. Hospitals need to have procedures for ensuring a sterile environment and ensure those procedures are followed. There must also be procedures for administering medications properly and preventing patients from falling.
Hospitals may try to delegate duties to people to shield themselves from liability. However, Maryland hospitals that are accredited cannot delegate certain duties to independent contractors. Hospitals are not allowed to delegate custody, care or supervision of patients.
Frequently Asked Questions About Malpractice Liability in Maryland
Can a hospital be liable for medical malpractice in Maryland?
Yes, a hospital may be liable for medical malpractice if its employees, systems, or policies contributed to a patient’s injury. Liability may involve negligent nursing care, unsafe procedures, delayed treatment, poor supervision, or failure to follow accepted hospital standards. The Law Offices of Peter T. Nicholl can review whether the harm was tied to hospital negligence.
When is a hospital responsible for a doctor’s mistake?
A hospital may be responsible for a doctor’s mistake if the doctor was a hospital employee or if the hospital created conditions that contributed to the injury. The legal analysis often depends on employment status, supervision, patient expectations, and whether hospital procedures fell below the standard of care. These details require careful review of hospital records and provider relationships.
What types of hospital errors can lead to a malpractice claim?
Hospital errors that may support a malpractice claim include medication mistakes, surgical errors, infection control failures, delayed testing, poor patient monitoring, and premature discharge. A claim must show that the hospital’s conduct caused preventable harm, not just that a bad outcome occurred. The Law Offices of Peter T. Nicholl can evaluate the treatment timeline and injury records.
Can a hospital be liable for poor nursing care?
Yes, a hospital may be liable when negligent nursing care causes or worsens a patient’s injury. Examples may include failure to monitor vital signs, delayed response to symptoms, medication mistakes, fall prevention failures, or improper wound care. Hospital liability may depend on whether nurses followed accepted protocols and whether the lapse caused measurable harm.
What evidence helps prove hospital liability for malpractice?
Important evidence may include medical records, nursing notes, medication logs, incident reports, discharge instructions, staffing records, and internal hospital policies. These materials may show whether the hospital met accepted standards and whether delays, communication failures, or unsafe practices caused the patient’s injury. Expert review is often needed to connect the hospital’s conduct to the outcome.
Can a hospital be liable for an infection after treatment?
Yes, a hospital may be liable for an infection if unsafe practices, poor sanitation, inadequate monitoring, or failure to treat early signs caused preventable harm. The key issue is whether the infection resulted from negligence rather than an unavoidable risk of care. The Law Offices of Peter T. Nicholl can review records for missed symptoms, delayed antibiotics, or infection control failures.
What damages may be available in a hospital malpractice case?
Damages may include additional medical bills, lost income, pain and suffering, disability, rehabilitation costs, and future care needs caused by the hospital’s negligence. The claim must link those losses to a preventable hospital error, delay, or unsafe practice. Long-term medical documentation can help prove the full impact of the injury.
When should I contact a lawyer about possible hospital negligence?
You should contact a lawyer promptly if a hospital error, delay, infection, fall, medication mistake, or discharge decision caused serious harm. Medical malpractice claims are time-sensitive, and early review helps preserve records, identify responsible parties, and evaluate causation. The Law Offices of Peter T. Nicholl can assess whether the hospital’s actions support a legal claim.
Contact Peter T. Nicholl Law Offices Today
We are ready to take your call and discuss how our firm may be able to help you. At The Law Offices of Peter T. Nicholl, we take cases on contingency, which means there are no upfront fees. We do not get paid unless we recover compensation for your damages.
Medical malpractice cases are complex and take a lot of time to resolve. The damages victims suffer could affect them for a long time, even the rest of their lives. Experienced legal assistance is vital to your pursuit of compensation.
Licensed. Local. Lawyers. Call today: 410-401-9979.
