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Negligent Hiring and Retention

Phoenix Negligent Hiring Malpractice Attorney

Direct Hospital Negligence in Arizona

A hospital can be held liable for the harm suffered by a patient through its own direct liability, such as in its negligent hiring and supervision of staff.  A hospital has a direct duty to its patients to exercise reasonable care in its:

  • Selection or retention of medical staff;
  • Hiring or supervision of employees;
  • Selection and supplying of equipment, supplies and devices;
  • Design maintenance and security of the physical plant; or
  • Utilization of nonstandard therapies.

Vicarious Liability for the Negligent Acts of Employees

A hospital can be held liable for the harm suffered by a patient through the direct actions of its employees.  The hospital is liable for the negligent acts of others, provided that the negligent person was an agent or employee of the hospital at the time of the act.  If a doctor is an employee of the hospital rather than an independent contractor, the hospital can also be answerable for his or her actions.

If a nurse commits a negligent act by administering the wrong dosage or wrong type of medication to a patient, the hospital is still held liable for her error. This is known as vicarious liability.

Negligent Hiring or Supervision

If a hospital hires a doctor or nurse who has a recorded background of prior misconduct, the hospital can be guilty of negligent hiring. It must be shown that the hospital knew or should have known that the person in question was a risk to patients. A hospital breaches its duty and is negligent if it fails to take any action when it knows or should have known that the professional using the hospital facilities lacks the knowledge, skill or competence required by accepted standards of medical practice, and is liable for those injuries proximately caused by such negligence.

Straightforward Legal Advice about Hospital Negligence

If you have suffered injuries in a health care facility, or due to the careless or reckless acts of a hospital employee, please contact a Medical Malpractice Lawyer at the Law Office of Robert H. Kleinschmidt, P.C.  He can provide you with straightforward legal advice about your hospital negligence case. Please call our legal office today at 480-696-6400, to arrange for a free case evaluation.

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