Hospital vs Physician Liability in South Carolina Malpractice Cases

In 2024, more than $53.5 million in medical malpractice claims were paid in South Carolina. When a patient is harmed by medical negligence, it can sometimes be challenging to determine the extent to which the attending physician or the institution is liable. Determining liability is key to recovering maximum compensation for your losses. Our medical malpractice attorneys can determine which party or parties are liable.

Is the Physician an Employee or Independent Contractor?

Determining whether the hospital should be named as a defendant in a malpractice lawsuit depends on whether the attending physician is a hospital employee or an independent contractor. Hospitals are responsible for their employees’ actions. This includes medical staff such as nurses, pharmacists, and medical technicians. Liability only applies when medical staff are acting in the course of their employment. So, if a physician is an employee of the hospital, then the hospital could be found liable (in addition to the physician). This liability will apply even if the wrongdoing was committed solely by the doctor.

However, the hospital will not be held accountable if the physician is an independent contractor. An independent contractor is someone who provides services to an organization, not an employee of the institution. A physician or other specialist who works on a contractual basis will be granted hospital privileges. Given the liability that physicians face as independent contractors, more physicians are becoming employees of hospitals and other medical institutions.

Examples of Physician Negligence

An attending physician may be found negligent in the following circumstances:

Misdiagnosis or Delayed Diagnosis

If a physician fails to make the correct diagnosis or delays in formulating one, they will be held legally responsible for any health complications the patient experiences. Both misdiagnoses and delayed diagnoses constitute a breach of a physician’s duty of care.

Doctors have a legal and ethical obligation to inform patients of the benefits, risks, and known complications of a procedure. A doctor who fails to provide the necessary information prevents a patient from making an informed decision.

Surgical Errors

A surgeon who is improperly trained may make a crucial error during surgery, resulting in the patient experiencing physical or mental deficits. Other surgical errors, such as wrong-site surgery, surgery on the wrong patient, or leaving behind surgical instruments in a body cavity, can be attributed to failing to employ a “time out” and other safety protocols.

Examples of Hospital Negligence

In some situations, the hospital itself may be negligent. Common examples of hospital negligence include:

Switching Patient Charts

Administrative mistakes, such as switching patient charts, are considered the hospital’s fault. By mixing up patient charts, a doctor will base their diagnosis on another patient’s medical history. Even worse, the physician may prescribe a medication that the patient is allergic to, which could have potentially fatal consequences.

Improper Training of Nursing Staff

A hospital’s nursing department is responsible for training new nurses. While a nurse can be invaluable in an emergency, an inadequately trained nurse can be a significant liability.

Anesthesia Errors

Anesthesiologists are responsible for actively monitoring patients’ vital signs during surgery and managing pain. Ultimate responsibility for a patient’s life during surgery lies with a physician anesthesiologist. While a dosing error may be caused by a nurse anesthetist or a physician anesthesiologist, the hospital will also be named as a defendant when patient harm ensues.

Timeline to File a Medical Negligence Claim

SC Code § 15-3-545 permits individuals to take legal action following medical negligence. While this timeframe may seem more than sufficient, it can feel rushed if you are attempting to settle with insurance first. Unlike other personal injury claims, in a medical malpractice claim, you may not become aware of your injuries until some time has passed. Under the discovery rule, the legal “clock” will not begin ticking until you are aware of or should become aware of your injury.

For example, if you are experiencing abdominal discomfort following surgery, you likely will not know what is causing your pain until you have a CT scan (which may show a surgical sponge in your abdominal cavity). At this point, the three-year timeline will begin.

Even if there is sufficient evidence to prove liability on the part of the physician or hospital, if you do not meet the statute of limitations, you may be barred from recovery. If you believe that you have already missed the legal deadline, our team of professionals is happy to review your case to discuss your options.

Reach Out to Our Charleston Medical Malpractice Attorneys

Medical negligence can cause you to experience financial, emotional, and physical hardship. Before pursuing compensation in a medical malpractice case, you should first ensure that you are seeking justice against the appropriate parties. If you are unsure which parties should be named in your lawsuit, our medical malpractice attorney in Charleston, SC, can assess your case and provide sound legal advice. To schedule your free consultation, contact Mark C. Tanenbaum online or call (843) 577-5100.