When medical malpractice occurs, we tend to look to the physicians. However, other hospital staff may also be liable for emergency room medical malpractice. Any medical professional, such as a nurse, orderly, physician’s assistants, or other emergency room personnel can be sued for medical malpractice. A pharmaceutical company or a medical device manufacturer may be liable if their product caused the harm, perhaps because it malfunctioned or did not carry sufficient warnings.
In some cases, the hospital itself is liable, under the doctrine of “respondeat superior,” meaning employers are accountable for the negligent actions of their employees. This doctrine applies when the negligent act occurred within the scope of the medical professional’s employment. At the time of the alleged malpractice, was the employee on the clock, performing a duty they were hired to perform, or while the hospital was receiving financial benefits from the action?
However, if an employee’s negligence occurred outside the scope of employment, the hospital itself may not be liable, although the negligent employee could still be legally responsible as an individual.
An emergency department medical malpractice claims study, using data gathered by the Physician Insurers Association of America, reported that emergency physicians were the primary defendants in 19 percent of ER claims.