When a patient is injured due to medical negligence, hospitals often act quickly to protect their financial and legal interests. While Washington law allows injured patients to hold both individual healthcare providers and hospitals accountable, many hospitals use complex legal strategies to avoid – or limit – their share of responsibility. Understanding these tactics can help you recognize what’s really happening behind the scenes after a medical error.
Blaming Independent Contractors
One of the most common defenses hospitals use is claiming that the negligent doctor or nurse was not their employee, but rather an independent contractor.
In Washington, hospitals can be held vicariously liable for the acts of their employees, but not typically for independent contractors. This distinction often comes into play with emergency room physicians, radiologists, or anesthesiologists. These are all professionals who may technically work for outside staffing companies.
However, Washington courts have recognized exceptions. If the hospital represents these doctors as its own staff, such as through signage, uniforms, or consent forms, a patient may still have a valid “apparent agency” claim against the hospital.
Shifting Blame to the Patient
Hospitals and their insurers often argue that the patient bears comparative fault. For example, a patient may share in fault by not following medical advice, missing follow-up appointments, or failing to disclose prior conditions.
While Washington’s comparative negligence rulesallow damages to be reduced if a patient is partially at fault, hospitals sometimes exaggerate these arguments to downplay their own responsibility.
Hiding Behind Complex Corporate Structures
Many hospital systems in Seattle and across Washington operate under multiple corporate entities, such as a parent company, management group, and property-holding company.
When a malpractice claim is filed, they may argue that the entity named in the lawsuit was not the one directly responsible for the negligent care.
Untangling this corporate web requires careful investigation and often expert legal support to identify the properly liable entity.
Using Arbitration Clauses and Fine Print
Some hospitals and clinics include mandatory arbitration clauses in admission paperwork or patient agreements. These clauses require disputes to be resolved privately rather than in court. This is often to the patient’s disadvantage.
Washington courts scrutinize these agreements carefully, but patients rarely realize they signed away their right to a jury trial until after a problem occurs.
Downplaying the Severity of the Error
Hospitals frequently attempt to reframe a clear case of negligence as a “known complication” or “unavoidable outcome.”
They may also alter internal records or delay releasing medical documentation, making it harder for patients to discover what truly happened.
An experienced medical malpractice attorney can work with medical experts to uncover inconsistencies in the hospital’s version of events.
Contact Otorowski & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.