Hospital's Liability For A Doctor's Error, in Texas
Dec. 16, 2005. My father a diabetic, and renal failure patient was taken to dialysis. While waiting to be dialized he started bleeding from his right lower leg (artial graph about 3 months prior). The nurse in charge @ the time called paramedics, he was seen @ the local e.rm. Before being released the e.r/ trauma Dr. called his Dialysis Dr.(his direct orders was to be dialyzed immediatly) ambulance took him back too dialysis center , from there he was sent home. O.K, once home he began feeling weak, and wanted too go to sleep, that same night he bled too death. I have a lawyer, yesterday was our diposition hearing. My questions now are( the lawyer representing the Hosp. says by law that the Hosp. is not at fault for the death of my father, that the Dr.(e.r/ trauma specialist) is at fault. I was under the impression that the Dr. was part of the hosp. staff as well as the whole idea that he was seen by a team (both DR. and Hospital employees). The Dr. did write on his reports (pat. bleeding from dyalsis shunt, when it was really a artiral graph.
Re: Hospital's Liability For A Doctor's Error, in Texas
In Texas a hospital may not directly employ a physician since there is a law against the corporate practice of medicine. Whether they can be held liable for an independent contracting physician practicing within their walls depends entirely on how they have characterized the physicians relationship with the hospital to the public. If a member of the public would reasonably believe that the physician is employed by the hospital when the physician is treating them, the hospital may by liable for the negligent acts of the physician through the legal doctrine of ostensible agency liability.
Ask your attorney about this. I am sure he will be happy to explain.
I happened across and excellent review article regarding ostensible agency liability specific to Texas. Google "ostensible liability" and it should be on the first page, or go to this link http://tinyurl.com/2s5vnk
It explains things nicely.:cool: