Liability of Hospitals and Health
Maintenance Organizations (HMO)
 Hospitals are generally liable for any actions of their
employees that are undertaken within the scope of their
employment. For example, a hospital is responsible for the
actions of a nurse employed by the hospital in the course
of providing care in the hospital.
Questions regarding the liability of hospitals frequently
arise when they involve the actions of a doctor who is not
an employee of the hospital.
- a doctor may not be on staff, but only have privileges
at the hospital
- a doctor may be on the staff of the hospital but bill
patients directly for services rendered
Traditionally, these doctors are considered independent
contractors rather than employees, and the hospital may
not be automatically liable for their negligence. Exceptions
to this general rule have been recognized in situations
where the patient has every reason to believe that the doctor
is employed by the hospital. For example, hospitals have
been held liable for the actions of doctors working in their
emergency room even if they were not employees, as well
as for anesthesiologists and radiologists.
Ever-changing federal law complicates the liability of
a Health Maintenance Organization (HMO) for the medical
malpractice negligence of one of its doctors. The federal
Employment Retirement Income Security Act of 1974 (ERISA)
has been held by some courts to preempt state law medical
negligence claims involving HMOs, because HMOs are a form
of employee benefit plan. If a particular claim is preempted
by ERISA, the HMO cannot be held liable under state law
for the doctor's medical malpractice negligence. This means
that the patient can bring a lawsuit only against the doctor,
not the HMO. Some contract claims against an HMO may be
precluded by ERISA as well. Judicial decisions can be expected
to define the law in this area in the next several years.
At Clark and Martino, our medical malpractice attorneys
have the most up-to-date information on the changing laws,
and we can advise you on the particulars of your situation
in Tampa.
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