Hospital negligence lawyer · St. Louis
Hospital negligence in Missouri: who answers for care in the hospital
A Missouri hospital can be responsible when its own nurses and staff give care below the accepted standard and it causes harm. A hospital is generally not responsible for a doctor who is not its employee. That doctor may need to be named in the claim separately.
What hospital negligence means
Hospitals are listed as health care providers under Missouri law (RSMo 538.205). So are the nurses who work in them. Hospital negligence means the hospital’s own people or systems fell below the accepted standard, and that caused harm.
Most hospital care is careful. Nurses and staff often catch problems that save lives. A claim arises only when the care fell short in a way that hurt the patient.
Common problems in hospital care
- Watching the patient. Not checking vital signs as ordered, or missing warning signs.
- Calling the doctor. Not telling the doctor when a patient gets worse.
- Falls. Not following a fall-risk plan for a patient known to be unsteady.
- Pressure injuries. Not turning a patient who cannot move, leading to bedsores.
- Medication. Giving the wrong drug or dose. See medication errors.
- Handoffs. Losing key information when a patient moves between units or shifts.
- Discharge. Sending a patient home too soon or without clear instructions.
Some of these same problems happen in nursing homes. See nursing home falls and bedsores and pressure injuries.
Employees, and doctors who are not employees
This is one of the most important questions in a hospital case. Who actually employed the person who made the mistake?
WHY IT MATTERS
Missouri law says a health care provider generally is not responsible for the acts of someone who is not its employee (RSMo 538.210). There is a narrow exception for some employees of a hospital’s subsidiaries.
Many doctors who work in hospitals are not hospital employees. Emergency, anesthesia and radiology doctors, for example, are often employed by a separate group. If one of them made the error, that doctor or group may need to be named directly.
Missing the right party can cost you the claim against them if the deadline passes. That is why the records review looks closely at who each person worked for.
Getting the hospital record
Federal law gives you the right to see and get a copy of your health information (45 C.F.R. 164.524). A hospital generally must act on your request within 30 days. It may take one 30-day extension if it tells you why in writing. It may charge a reasonable, cost-based fee. Missouri law also gives you a right to copies (RSMo 191.227).
Ask for the complete record, not a summary. A full hospital record includes:
- Physician orders and progress notes.
- Nursing notes and vital sign charts.
- The medication record, showing each dose and who gave it.
- Lab results, imaging reports and the discharge summary.
- The itemized bill.
What to do now
- Get the care you need, at the same hospital or a new one.
- Request your complete records in writing and keep a copy of the request.
- Write a timeline with dates, shifts and names of staff you remember.
- Keep your bills and any letters from the hospital or its insurer.
- Do not sign a release or billing agreement that mentions your claim without advice.
Care at a VA hospital or other federal facility follows different federal rules. See the Federal Tort Claims Act page.
Your first consultation about a possible malpractice case is free. Harjot Singh Padda, JD can review your timeline and explain who may need to be named.
Common questions
Can I sue the hospital for a mistake made by an ER doctor?
It depends on whether the doctor was a hospital employee. Many are not. See the malpractice overview.
My parent fell in the hospital. Is that negligence?
It may be if staff did not follow a fall-risk plan. Similar rules apply in nursing home falls.
How long does a hospital have to give me my records?
Under HIPAA, generally 30 days, with one possible 30-day extension. See what to bring to your consultation.
What if the hospital is run by the federal government?
Claims about VA and other federal care follow federal rules. See the Federal Tort Claims Act.
How long do I have to file against a hospital?
Generally two years from the care. Read the deadlines and caps guide.
Related reading
Sources
- Mo. Rev. Stat. § 538.205 (definitions: health care provider, catastrophic personal injury, economic and noneconomic damages). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 538.210 (the malpractice claim and its elements; noneconomic damage limits; punitive damages). Missouri Revisor of Statutes
- 45 C.F.R. § 164.524 (HIPAA right of access to your health information; 30-day response rule). Legal Information Institute, Cornell Law School
- Mo. Rev. Stat. § 191.227 (your right to copies of your medical records; fees; records of a patient who has died). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 516.105 (two-year limit for claims against health care providers; foreign objects, test results, minors, ten-year outer limit). Missouri Revisor of Statutes