Illinois hospitals may be held responsible when independent contractor doctors injure patients through negligence. They can face liability for medical malpractice when a doctor acts as their apparent agent or when the hospital’s own negligence causes or contributes to a patient’s resulting injuries.
When Can a Hospital Be Liable for an Independent Contractor?
Whether an Illinois hospital can share medical malpractice liability with an independent contractor doctor depends on certain factors, including:
Apparent Agency
If a hospital presents a doctor as its own employee, whether directly or through omission, it can be held responsible for that doctor’s actions through a legal doctrine called apparent agency. Apparent agency applies when a patient had no reason to believe that a doctor or other healthcare provider was not a direct employee of the hospital.
If you were allowed to choose your doctor, it might complicate the circumstances. But if a hospital gives even the appearance of representative authority to a doctor, it may be liable for that doctor’s actions.
Hospital Disclosures and Consent Forms
Signing a consent form disclosing that a hospital uses independent contractors can undermine an apparent agency claim, allowing the hospital to shield itself from liability for a doctor’s actions.
One of the key elements of apparent agency is relying upon the appearance of an employee relationship. By signing such a form, you’re admitting that either the hospital did not represent the doctor as an employee or it didn’t matter to you whether the doctor was an employee, both of which would prevent you from pursuing compensation from the hospital.
The Hospital’s Own Negligence
Whether or not the independent contractor doctor was an apparent agent of the hospital, it may still be liable for negligent conduct in the same malpractice injury. A hospital can be responsible for malpractice through inadequate policies and procedures, hiring practices that put unqualified or undertrained staff in charge of patients’ health, and more.
Can You Sue a Hospital for the Actions of an Independent-Contractor ER Doctor?
Hospitals are not automatically liable for negligence by ER doctors who are independent contractors. However, receiving care in an emergency situation may support an apparent agency claim when you reasonably relied on the hospital to provide treatment. Time constraints or incapacitation may leave patients dependent on the hospital to select their treating doctors.
In these circumstances, courts consider whether the hospital presented the doctor as its employee or agent and whether you knew or reasonably should have known of the doctor’s independent status. Any contractor disclosures, including their wording, timing, and the circumstances surrounding their signing, can also affect the claim.
What if the Hospital Is Not Responsible for the Doctor's Negligence?
If liability doesn’t extend to the hospital for an independent contractor’s actions, you may still have the option to directly pursue compensation from the doctor. Depending on the circumstances, you may also have claims against the doctor’s actual employer or medical group.
An experienced medical malpractice lawyer can determine who shares liability for your injuries, explain your legal options, and help you pursue all possible sources of compensation.
How Long Do You Have to Sue a Hospital or Doctor in Illinois?
You generally have two years from when you knew or reasonably should have known of your injury and its wrongful cause to sue a doctor or hospital. A separate four-year deadline generally runs from the act or omission that caused the injury, regardless of discovery. Exceptions apply, including special rules for minors and people with legal disabilities.
Whether you’re intending to file a claim against the doctor, the hospital, or both, you should take action as soon as possible to start building your case. Illinois generally requires an affidavit of merit from your attorney, or you if unrepresented, confirming consultation with a qualified health professional. A supporting written report must explain why the claim has a reasonable and meritorious basis. Limited exceptions allow later submission. Getting started early can help you meet filing requirements, preserve important evidence, and protect your right to pursue compensation.
What Should You Do if You Think a Hospital May Share Liability?
If you were harmed by an independent contractor doctor and believe the hospital might be liable as well, you should act quickly to preserve evidence. An apparent agency claim requires evidence of the hospital’s representations and your reliance on them, in addition to proof that the doctor’s negligence caused or contributed to your resulting injuries.
Request all of your relevant medical records, including signed consent forms, and gather hospital bills, written communications with providers, and other documents. Take thorough notes about your experiences to fill any gaps in the record, and make sure to include dates and times of important events.
An experienced Illinois medical malpractice attorney can help you identify potentially liable parties, preserve relevant evidence, and evaluate your legal options for pursuing a claim.
Discover Your Legal Options Today
If you’re dealing with a malpractice claim involving an independent contractor and want to make sure the hospital doesn’t escape accountability, the trusted legal team at Levin & Perconti is here to help. We’ve recovered over $2 billion for clients just like you, and we’re not afraid to go up against powerful healthcare systems to get the compensation and justice you deserve.
Contact us online or call (312) 332-2872 today to schedule your free consultation.
