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Why the Hospital Isn’t Responsible for Contracted Nurses and Physicians

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Your loved one went into a local San Antonio hospital for a routine procedure. She was fine after it was over and was even smiling and talking. A day later, however, her health declined. The doctors weren’t able to determine the problem and she ultimately died. You have a feeling that the medical staff is to blame and you are considering suing the hospital for wrongful death damages. Unfortunately, you may not be able to.

Was Your Nurse or Physician a Contractor?

Some hospitals hire independent contractors to work for them. If the healthcare professional you think is responsible for wrongful A Nurse Writing on a Clipboard and Examining a Medication Bottledeath is a contractor, you may not have a case against the hospital. Unless the nurse or physician is an employee of the hospital, and not an independent contractor, you usually can’t sue the hospital for the negligence of that person.

Determining if the hospital considers the healthcare professional a contractor or employee can be tricky. You will need to examine the employment contract between the medical professional and the hospital, and how much control the hospital has over the nurse or doctor’s performance and job conditions.

Typically, the more control the hospital has over the healthcare professional, the higher the chances are that a judge will determine that the nurse or doctor is an employee of the hospital. If this is the case, you may be able to sue the hospital for the healthcare provider’s negligence and contribution to your loved one’s wrongful death.

We Can Help

It’s understandable that you want justice for your loved one’s untimely death, particularly if it was caused by a medical professional’s negligence. Attempting to go after the nurse, doctor, or hospital by yourself, however, is a mistake. The insurance company will employ its best attorneys to defend the healthcare professionals or hospital, and they will build a case against you. Are you ready to fight back by yourself? The legal team at Wayne Wright LLP wants to help you get justice for your loved one. Contact us today by calling 800-237-3334 to learn how.


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