Hospital Malpractice Case Settles For $1 Million
The widow in an out of state medical malpractice claim recently settled her case involving the death of her husband for $1 million. The story is unique because, in addition to a standard medical negligence claim, the woman also alleged that the hospital was negligent for hiring the surgeon in the first place. The surgeon, who is also a defendant in the case, had lost his license in Massachusetts prior to being hired by the VA hospital where he was allowed to perform operations. During his previous disciplinary proceedings, his practice of medicine was described as, “grossly substandard care.”
This case is important to any New Mexico medical malpractice lawyer because it highlights the ability to, and unique situations, pursue a claim directly against the hospital for what amounts to be a negligent hiring theory of liability. Although the facts that would allow such a claim are unique, and hopefully not often repeated, it is nonetheless it possible claim that is available in certain situations.
