Can I Sue My Doctor and The Hospital for Medical Malpractice?


If you are injured in a healthcare setting, you may be wondering whom you can sue for medical malpractice. Can you sue your doctor? Can you sue the hospital where you were treated? Can you sue both?

In Pennsylvania, you can sue both the doctor and the hospital under the same and/or different claims. In order to understand the possible claims, let’s first define medical malpractice. Medical malpractice is a negligence claim in the context of medicine. This means that if you have been injured because of what a doctor, nurse, or any healthcare professional has done (or has not done, but should have), then you might have a valid medical malpractice lawsuit. 

Suing the Doctor

A doctor is liable for medical malpractice when they had a duty to provide you a certain level of care, they failed to meet that duty, and their failure to fulfill their duty to you caused you to be injured. An example could be a radiologist who fails to notice a cancerous tumor when reading your x-ray slides, resulting in you suffering from a worse prognosis than if they had properly read your slides in the first place. Or maybe your general practitioner improperly diagnosed your abdominal pain as indigestion when in fact it was appendicitis, causing you to suffer a greater infection and injury than if the appendicitis was correctly diagnosed when you first treated with your doctor. In these instances, the doctor could be sued for medical malpractice for their failure to fulfill their duty to you and for causing your injuries.

Suing the Hospital

There are multiple different avenues for suing a hospital for medical malpractice.

         Vicarious liability. A hospital can be liable to a patient for their injury when its employee (e.g., a doctor, nurse, etc.) commits the error that caused that injury. This concept is called “vicarious liability” – it occurs when a business or organization is held liable for the actions or inactions of its employees.

         Hospital negligence. In addition to being subject to a lawsuit for the errors of its employees (vicarious liability), a hospital can be sued for its own errors. If the hospital, itself, as an institution, makes mistakes, it could be held liable for medical malpractice. A hospital could be negligent in many ways:

  •     Negligent hiring (failing to hire its employees properly by, e.g., failing to perform proper background checks or checking their employees’ credentials)
  •     Understaffing (failing to provide an adequate amount of healthcare professionals)
  •     Failing to train (not providing adequate training to their staff)
  •     Improper policies and procedures (poorly-structured policies and procedures that result in patient injuries)

This area of the law is very case-specific and needs to be analyzed by an experienced medical malpractice attorney. Determining the exact claims against the doctor and the hospital is an important strategic consideration that only a medical malpractice specialist can perform. If you or your loved one was injured in a hospital setting, contact a medical malpractice specialist at VSCP Law.



Your brain is the processing center for your body. It controls what you think, h...

The Most Common Medical Malpractice Errors in Philadelphia

People often confuse medical errors and medical malpractice. Medical errors are...

Personal Injury Attorneys in Philadelphia: Transforming Your Legal Journey

A term that you may hear in the context of personal injury cases is “catastrophi...

tag on yout theme's header.php Read the detailed step-by-step at */ // auxiliary code to create triggers for the add and remove class for later use (function($){ $.each(["addClass","removeClass"],function(i,methodname){ var oldmethod = $.fn[methodname]; $.fn[methodname] = function(){ oldmethod.apply( this, arguments ); this.trigger(methodname+"change"); return this; } }); })(jQuery); // main function for the infinite loop function vc_custominfiniteloop_init(vc_cil_element_id){ var vc_element = '#' + vc_cil_element_id; // because we're using this more than once let's create a variable for it window.maxItens = jQuery(vc_element).data('per-view'); // max visible items defined window.addedItens = 0; // auxiliary counter for added itens to the end // go to slides and duplicate them to the end to fill space jQuery(vc_element).find('.vc_carousel-slideline-inner').find('.vc_item').each(function(){ // we only need to duplicate the first visible images if (window.addedItens < window.maxItens) { if (window.addedItens == 0 ) { // the fisrt added slide will need a trigger so we know it ended and make it "restart" without animation jQuery(this).clone().addClass('vc_custominfiniteloop_restart').removeClass('vc_active').appendTo(jQuery(this).parent()); } else { jQuery(this).clone().removeClass('vc_active').appendTo(jQuery(this).parent()); } window.addedItens++; } }); // add the trigger so we know when to "restart" the animation without the user knowing about it jQuery('.vc_custominfiniteloop_restart').bind('addClasschange', null, function(){ // navigate to the carousel element , I know, its ugly ... var vc_carousel = jQuery(this).parent().parent().parent().parent(); // first we temporarily change the animation speed to zero jQuery(vc_carousel).data('vc.carousel').transition_speed = 0; // make the slider go to the first slide without animation and because the fist set of images shown // are the same that are being shown now the slider is now "restarted" without that being visible jQuery(vc_carousel).data('vc.carousel').to(0); // allow the carousel to go to the first image and restore the original speed setTimeout("vc_cil_restore_transition_speed('"+jQuery(vc_carousel).prop('id')+"')",100); }); } // restore original speed setting of vc_carousel function vc_cil_restore_transition_speed(element_id){ // after inspecting the original source code the value of 600 is defined there so we put back the original here jQuery('#' + element_id).data('vc.carousel').transition_speed = 500; } // init jQuery(document).ready(function(){ // find all vc_carousel with the defined class and turn them into infine loop jQuery('.vc_custominfiniteloop').find('div[data-ride="vc_carousel"]').each(function(){ // allow time for the slider to be built on the page // because the slider is "long" we can wait a bit before adding images and events needed var vc_cil_element = jQuery(this).prop("id"); setTimeout("vc_custominfiniteloop_init('"+vc_cil_element+"')",500); }); }); });