Maryland Personal Injury Blog
Under Maryland law, employers can be deemed vicariously liable for the negligent acts of their employees. For example, if a patient suffers harm due to incompetent treatment in a hospital setting, both the doctor that rendered the care and the hospital may be held accountable. When a doctor is an employee of the hospital, establishing vicarious liability is relatively straightforward. If the doctor is an independent contractor, though, proving a hospital’s liability can be more challenging, as discussed in a recent ruling issued by a Maryland court. If you were injured by a reckless health care provider, it is wise to talk to a Maryland medical malpractice lawyer about your options for seeking compensation.
Facts of the Case
It is alleged that the plaintiff was transported to the trauma center of the defendant hospital after he suffered critical injuries in a car accident. He sustained further harm when the defendant trauma surgeon negligently performed surgical procedures on the plaintiff’s legs and neglected to provide proper follow-up care. The plaintiff subsequently had to undergo bilateral amputations of his legs above the knee.
Reportedly, the plaintiff filed a medical malpractice lawsuit asserting medical negligence claims against the defendant trauma surgeon and vicarious liability claims against the defendant hospital. The case proceeded to trial, and the jury found in favor of the plaintiff. The defendant hospital moved for JNOV. The court granted the defendant’s motion, after which the plaintiff appealed.
Establishing a Hospital’s Vicarious Liability for a Doctor’s Negligence
On appeal, the court found in favor of the plaintiff. Under Maryland law, a hospital will generally not be deemed liable for the negligence of independent contractors on its staff. There are exceptions, however, such as when an actual or apparent agency relationship exists between the hospital and the independent contractor.
The court explained that whether an actual agency relationship exists depends, in part, on the perspective of a reasonable agent, while the existence of an apparent agency relationship relies on the perspective of a reasonable third party. In the subject case, the court ultimately ruled that there was adequate evidence to find the hospital vicariously liable for the defendant trauma surgeon’s negligence. Specifically, the defendant hospital represented that an agency relationship existed, the plaintiff relied on that representation, and his beliefs were reasonable. As such, the court reversed the trial court ruling in favor of the defendant.
Meet with a Knowledgeable Maryland Attorney
When people go to the hospital, they expect to receive competent care, but unfortunately, some physicians hurt rather than heal their patients. If you were injured by the carelessness of your treatment provider, you might be owed damages, and you should meet with an attorney. The knowledgeable Maryland medical malpractice lawyers of Foran & Foran, P.A. possess the skills and experience needed to help victims of medical negligence seek justice, and if you hire us, we will work tirelessly to help you pursue a favorable outcome. We have an office in Greenbelt, and we frequently represent parties in medical malpractice lawsuits in cities in Prince George’s County and Montgomery County. You can contact us via our form online or by calling us at (301) 441-2022 to set up a confidential and free meeting.