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A hospital may be held liable for medical negligence through vicarious liability for actions of employees, including nurses, physicians, and therapists. Liability may be avoided should the healthcare professional be an independent contractor or if the hospitals actions had no impact on the outcome.
PAI data indicates that 423,800 physiciansnearly 70% of the U.S. physician workforcewere employed by a hospital or corporate entity as of Jan.
Through vicarious liability, a legal theory which holds that a hospital is responsible for the negligence of its doctors. Through ostensible agency, in which a patient was looking to the hospital for care and the patient reasonably believed the care provider who made the mistake was an employee of the hospital.
Under this estoppel theory, a hospital may be held liable for the acts of an independent physician if the physician was provided by the hospital or otherwise acting on the hospitals behalf, and the patient reasonably believed that the physician was acting at the hospitals behest.
Since these physicians are not employees of the hospital, the hospitals vicarious liability for their negligence is not assumed. However, in certain circumstances, a hospital may be held liable for the negligence of its non-employee physicians under a theory of apparent authority.
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Under state law, a patient may pursue a civil claim against physicians or other health care providers, called medical liability or medical malpractice, if the health care provider causes injury or death to the patient through a negligent act or omission.

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