By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Health Works CollectiveHealth Works CollectiveHealth Works Collective
  • Health
    • Mental Health
  • Policy and Law
    • Global Healthcare
    • Medical Ethics
  • Medical Innovations
  • News
  • Wellness
  • Tech
Search
© 2023 HealthWorks Collective. All Rights Reserved.
Reading: Doctor Or Hospital: Determining Liability In Surgical Errors
Share
Notification Show More
Font ResizerAa
Health Works CollectiveHealth Works Collective
Font ResizerAa
Search
Follow US
  • About
  • Contact
  • Privacy
© 2023 HealthWorks Collective. All Rights Reserved.
Health Works Collective > Policy & Law > Doctor Or Hospital: Determining Liability In Surgical Errors
Policy & LawSurgery

Doctor Or Hospital: Determining Liability In Surgical Errors

Ryan Kh
Ryan Kh
Share
8 Min Read
Surgical Errors
Shutterstock Licensed Photo - 268862390
SHARE

The basic issue in any medical malpractice case is to determine who the negligent person or party was which caused the harm or injury to the patient. In many cases, surgical errors are immediately attributed to the operating surgeon since they’re the ones on top of the procedure. But not all cases are the same. There are certain instances when the surgeon’s errors were caused by the hospital’s negligence.

Contents
  • Medical Negligence
  • How Liability Is Determined
    • 1. Standard Of Care Or Medical Protocol Breached
    • 2. Employment Status Of The Doctor
    • 3. Reasonable Basis To Believe That The Hospital Is Also Responsible
    • Conclusion

Hospitals have to observe and follow specific standards of care and medical protocol. However, there are different standards for each situation. The standards which are deemed safe and acceptable have been set by the medical profession. If you or a family member has suffered injury from surgical errors, it’s crucial for medical malpractice lawyers that you hire, to be able to uncover the truth behind this oversight. Here’s a quick guide on how to determine liability in surgical errors.

Medical Negligence

Medical negligence is the concept used to define when a medical professional’s carelessness injures a patient, to establish if the doctor or the hospital should be held accountable for the injuries incurred by the patient under their care. Here are some of the factors to prove that medical negligence did occur:

  • The patient sought medical care from the healthcare institution and was advised to undergo procedures 
  • There was a violation of the standard of care and medical protocol required under the patient’s circumstances, and the violation could have been committed by either the hospital or the healthcare professionals and staff
  • The patient suffered an injury or harm after the said procedure or medical advice by the health professional and was conducted in the hospital

How Liability Is Determined

1. Standard Of Care Or Medical Protocol Breached

The first thing to ask is what standard of care or medical protocol was breached during the surgery or procedure. The answer to this question will determine whether it was the doctor or the hospital that should be held liable for the injuries you or your loved one suffered. 

More Read

The Truth Behind Hair, Skin, and Nail Supplements
Plan B: Understanding Obama’s Cynical but Savvy Political Calculation
Seven Ways to Protect Yourself From Medical Malpractice
Seeing Red for Heart Health
9 Very Important Signs That It’s Time For An Eye Test

If the standard of care to provide reliable test results, equipment, and hospital staff assistance to render safe medical surgeries and procedures aren’t met, then the negligence may be legally charged to the hospital and its management.

For instance, if the surgical procedure requires that the patient needs to undergo several medical and laboratory tests, such as imaging, blood tests, and some stress tests for them to be considered cleared for surgery, and the one who handled this pre-operation procedure issues the wrong test results to the surgeon who then acts on the basis of the imaging result. The hospital would be held liable if the surgeon operates based on erroneous imaging and test results.

On the other hand, if the standard of care was breached due to the negligence of a specific duty of a doctor, surgeon, or other healthcare professional to render medical surgery and procedures in a safe manner according to accepted medical standards, then the specific doctor will be held accountable for the injuries.

2. Employment Status Of The Doctor

In the majority of surgical error cases, the liability for negligence is often incurred by the doctor or surgeon involved. But another factor that affects in determining the liability in medical malpractice cases involving surgical errors is the employment status of the doctor. 

The reason for this is that the hospital as an employer has legal responsibility and duty to ensure that the doctor or surgeon was performing tasks according to the standard of care deemed acceptable in the medical profession and healthcare industry. 

But if the surgeon was an independent contractor or medical consultant of the hospital, then the hospital would be able to raise the defense that the surgical errors weren’t committed by one of their employees and that the medical consultant who committed the surgical mistakes should be solely responsible for his or her reckless actions.

3. Reasonable Basis To Believe That The Hospital Is Also Responsible

In some United States (US) jurisdictions, medical malpractice lawyers raise the Theory of ‘Ostensible Agent.’ This line of argument seeks to attach liability to the hospital by claiming that the patient had all the reasons to believe that it was the hospital which rendered the surgery or procedure that caused them harm or injury. If the court trying the case accepts this legal reasoning, then the hospital would also be held liable.

The patient’s lawyer can also argue that the hospital has effective control and supervision over the surgeon or medical consultant. Even if the employment status of the surgeon says independent contractor’ on paper, the patient’s lawyer can counter that the patient didn’t know about these arrangements when they sought care from the hospital. As far as the patient is concerned, they went to such specific hospital and entrusted their life and health because they believed in its credibility, reliability, and what it represents as a healthcare institution.

If the patient wasn’t informed by the hospital management that the surgeon who’ll be performing the operation isn’t an employee of the hospital, then the patient would have decided   based on their judgement to continue the procedure or not. In such a situation, there should be a written consent and waiver signed by the three parties involved. 

Conclusion

More often than not, surgeons are always held responsible for a large number of medical malpractice cases due to surgical errors. Lawsuits will surely be a consequence if they did violate the acceptable standard of care during surgery. But there are also a lot of instances when the hospital itself is liable for negligence. These are complex issues that vary from case to case. So, if you or someone you know suffered from any kind of surgical error, it’s highly advisable to consult with an experienced medical malpractice lawyer to know your rights and your next action to seek justice.

TAGGED:Surgical Errors
Share This Article
Facebook Copy Link Print
Share
By Ryan Kh
Follow:
Ryan Kh is an experienced blogger, digital content & social marketer. Founder of Catalyst For Business and contributor to search giants like Yahoo Finance, MSN. He is passionate about covering topics like big data, business intelligence, startups & entrepreneurship. Email: ryankh14@icloud.com

Stay Connected

1.5kFollowersLike
4.5kFollowersFollow
2.8kFollowersPin
136kSubscribersSubscribe

Latest News

dental care
Importance of Good Dental Care for Health and Confidence
Dental health Specialties
October 2, 2025
AI in Healthcare
AI in Healthcare: Technology is Transforming the Global Landscape
Global Healthcare Policy & Law Technology
October 1, 2025
Choosing the Right Swimwear for Health and Safety
News
September 30, 2025
sports concussions
Concussion In Sports: How Common They Are And What You Need To Know
Infographics
September 28, 2025

You Might also Like

High Expectations for mHealth in Developing Countries

August 23, 2012
Policy & LawPublic HealthWellness

Aging Gracefully, Part 3: The Importance of Comprehensive Primary Care

March 23, 2015

Adverse Childhood Experiences (ACE) Study co-founders tell story on DVD — here’s an intro

April 29, 2012
healthcare technology
Technology

Role of Custom Design Services in Modern Healthcare

October 13, 2023
Subscribe
Subscribe to our newsletter to get our newest articles instantly!
Follow US
© 2008-2025 HealthWorks Collective. All Rights Reserved.
  • About
  • Contact
  • Privacy
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?