My hospital defended me against malpractice and is now suing me for negligence, can they do that?

This is a common and unfortunate question. In this day and age it isn’t unusual for claimants to sue a facility and healthcare professional for medical malpractice¬†and end up needing to hire a¬†personal injury attorney in Los Angeles. Your employer will have you covered under their liability policy, which then pays for the defense. What can be shocking is how often a facility that has successfully defended a practitioner against a charge of medical malpractice will then turn around and sue that practitioner for negligence.

suing for negligence

What the facility liability policy covers

You have to remember that the liability policy and lawyers for a facility will always place the wellbeing of the facility first. They have a vested need in protecting themselves from charges of medical malpractice. They also have a need to protect their bottom line, which means recovering the cost of that defense. If they can prove that they incurred those costs due to your professional negligence then you must pay restitution. While the good news is that a determination of negligence may not cause you to lose your license, the cost of restitution may cost you everything you have in your life.


The best practice is to also carry your own

This is beginning to happen more often as insurance dollars and funding become harder to come by for major facilities and institutions. Your best practice is to always carry your own professional liability insurance. It is a remarkably affordable thing to do and it may just be what you need to save your life and career. You should also make it a habit to insure that all of your recording is done to state and federal standards, especially if they exceed facility standards. Keeping a record of your own is a possibility, but you need to talk to a lawyer about how to set that up so you are not violating privacy and confidentiality laws too. If this seems like a lot of work it isn’t, not when you think about what might happen should your facility take you to court.

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