Last updated on November 20th, 2025 at 02:11 pm
If you’re wondering, “Can you sue a hospital for medical malpractice?”, you’re not alone. This is a common question for victims of medical negligence who are unsure where to turn. In short, you can sue a hospital—but only under specific legal conditions. For example, if the negligent healthcare provider was an employee of the hospital, the hospital itself may be held responsible. However, if the provider was an independent contractor, the situation may be more complex.
In this article, we’ll cover:
- When you can sue a hospital vs. an individual doctor
- How hospital liability works in Maine
- What to expect when filing a medical malpractice claim
We’ll also explain how our experienced legal team at Garmey Law can help you seek compensation and justice.
Suing a Hospital vs. Suing a Doctor: Key Differences
Doctors and hospitals have a legal duty to provide treatment that meets certain professional standards. Common types of medical malpractice include:
- Harmful errors in making diagnoses
- Prescribing or administering medication
- Performing surgery
- Administering anesthesia
- Delivering babies
When it comes to medical malpractice, understanding the difference between suing a hospital and suing a doctor is critical. Hospitals can typically be held liable for the actions of their employees, including nurses, technicians, and staff physicians.
However, many doctors—especially surgeons or specialists—are independent contractors, which can limit the hospital’s liability. In those cases, you may need to sue the doctor directly. The legal strategy, evidence required, and potential damages may differ depending on who is being sued. A key factor is determining who was responsible for negligent care and whether that person was acting within the scope of hospital employment. An experienced malpractice attorney can help untangle these distinctions and guide your case in the right direction.
When Can You Sue a Hospital for Medical Malpractice?
You may be able to sue a hospital under certain circumstances:
- If the doctor was negligent and the doctor was an employee of the hospital, the hospital might be held liable as the doctor’s employer. First, you must find out if the doctor was a hospital employee. It’s common for doctors to be independent contractors rather than employees, but whether a doctor is an employee or an independent contractor is sometimes complicated. In that case, a lawyer can help.
- If you were harmed by the negligence of someone other than the doctor and that person is an employee of the hospital, the hospital might be liable. For example, nurses and technicians are typically hospital employees. The hospital might be liable as the negligent professional’s employer in this situation.
- Sometimes, you may be able to hold a hospital liable for a doctor’s negligence even if the doctor was not a hospital employee. This situation may arise if the hospital failed to disclose to you that the doctor was not their employee, or if the hospital knew or should have known that the doctor was dangerous or incompetent.
There are also situations where a hospital can be negligent for its own actions (or failures to take action) rather than being liable for the actions of its employees. For example, a hospital could fail to screen and train its personnel properly. Or, it could be liable for negligence if the hospital’s equipment is not properly sanitized. You might be able to sue if you slipped and fell on the hospital premises in a puddle of liquid that had not been promptly cleaned up. You could have a discrimination claim if the hospital treated you unequally based on certain characteristics.
In these situations, you could sue the hospital for negligence or discrimination. These types of lawsuits may provide substantial settlements or jury awards. They may very well not, however, be medical malpractice claims. It’s only when a doctor or other provider commits medical malpractice that a hospital might also, in some situations, be held liable for medical malpractice as well.
How Hospital Liability Works in Maine
In Maine, hospitals can be held legally responsible for medical errors under a concept known as vicarious liability—meaning they may be liable for the actions of their employees. If a nurse, technician, or staff physician employed by the hospital provides negligent care that causes harm, the hospital can often be named in a lawsuit. However, many doctors working in hospitals are independent contractors, not employees. In those cases, the hospital may not be liable unless it can be shown that the hospital was negligent in hiring or supervising the doctor, or failed to inform the patient that the doctor was not an employee.
Additionally, hospitals in Maine are required to maintain a safe and sanitary environment, as well as provide adequate staffing and supervision. If a patient is harmed due to systemic failures—such as understaffing, poor training, or delayed emergency care—the hospital itself may be directly liable, regardless of individual provider actions. Because the laws surrounding hospital liability can be complex, especially when independent contractors are involved, it’s important to work with an experienced medical malpractice attorney who understands Maine’s legal framework and how to build a strong case.
Contact the Personal Injury Attorneys at Garmey Law
Medical malpractice is a complex area of the law. You need an experienced lawyer to guide you through the process. The medical malpractice legal team at Garmey Law has more than 60 years of combined experience helping people get substantial compensation for the harm they have suffered. Contact us for a free consultation to find out more.