Hospital Liability for Employee Negligence in Healthcare

Research studies suggest that there are nearly 40 million hospital admissions every year in the United States. Every person who is admitted to a hospital doubtlessly hopes that their medical providers will exercise the utmost care and consideration while rendering them treatment. Unfortunately, however, errors and negligence are far too common, even in the most well-reputed medical facilities.

With nearly 3% of all hospital admissions resulting in unforeseen adverse events, accountability in the medical profession remains critical to ensuring more favorable medical outcomes in the future. That’s why South Carolina affords individuals injured as the result of hospital negligence to bring forth claims for both economic and non-economic damages. Here is a brief overview of South Carolina law as it pertains to medical negligence cases and an explanation of the role an experienced medical malpractice attorney can play in helping to establish hospital liability.

What is medical negligence?

The concept of negligence plays a vital role in medical malpractice cases in healthcare settings. Healthcare injuries are complicated because some negative outcomes in medical facilities are unavoidable. Subsequently, in order to hold a healthcare facility liable for damages related to a hospital injury, a plaintiff must clearly demonstrate that their provider and/or the hospital employing them were negligent.

In a healthcare context, negligence typically requires that patients prove:

1. The employee and/or facility had a professional obligation to provide safe, competent care
2. The employee and/or facility breached that obligation
3. The employee or facility’s failure to exercise the requisite level of care directly caused injury to the patient
4. The patient suffered identifiable physical, emotional and/or financial harm

Depending on the facts of a case, plaintiffs may be within their rights to file a claim against an individual medical provider or employee or, in some cases, may have cause to file a claim against the hospital where they received care.

Common examples of hospital injuries

Medical professionals are humans, and they are prone to making a variety of errors. Even professionals with the best intentions are not immune from the occasional slip-up. Unfortunately, however, the mistakes of negligent healthcare providers and facilities can have life-altering consequences for the vulnerable people in their care. Here are a few examples of some of the most common injuries involved in medical negligence cases:

• Surgical errors: While there are many risks inherent to undergoing a surgical procedure, some errors can occur as the direct result of negligence on the part of a surgical team. This might look like a surgeon leaving a foreign body inside of a patient prior to closing a surgical site or, in rare cases, even operating on the wrong part of a patient’s body.
• Medication mistakes: Medical negligence can result in a patient receiving the wrong medication or an incorrect prescription entirely. These mistakes can cause additional complications and result in long-term ramifications.
• Infections: Infections are some of the most common injuries related to hospital stays. Poorly maintained facilities, subpar sterilization efforts, and poor employee hygiene can all increase the risk of a patient developing potentially life-threatening infections like sepsis.
• Communicable illness: Where there are sick people, there are often communicable illnesses. If a hospital’s cleaning protocols are not up to industry standards or if individual employees fail to take the necessary precautions, they may be responsible for spreading transmissible illnesses to at-risk patients.
• Falls and physical injuries: Research suggests that as many as 1 million patient falls take place in U.S. hospitals each year. Some patients require monitoring and assistance to keep them safe during their hospital stay, and hospitals that fail to prioritize these parts of patient care may be responsible for patients incurring additional injuries.
• Misdiagnosis: When patients are incorrectly diagnosed, they may receive improper treatments or delayed care that can ultimately compound their medical problems. South Carolina law stipulates that healthcare providers must do what another “reasonably prudent” provider or facility would do under the same conditions. Subsequently, if a provider makes a diagnosis that other professionals would not have made, they could be found liable for the repercussions of their misdiagnosis. 

The repercussions of all of these medical errors can have major consequences for patients and their families. Whether an adverse event occurs as the result of an individual provider’s negligence or due to systemic negligence on the part of the hospital itself, patients have a right to seek compensation to cover the complex costs of their compromised care.

Are hospitals liable for their employees’ negligence?

In short: Yes. Hospitals can be held liable for the negligent actions of their employees under certain conditions. Under what is known as “vicarious liability,” employers can be held responsible for the actions of their employees when those actions are performed in the course and scope of their job.

In a hospital setting, this typically applies to nurses, technicians, employed physicians and even support staff like administrative assistants. It’s important to note that, while hospitals typically cannot be held responsible for the actions of independent contractors, they may still be found legally responsible if a patient had reason to believe the contractor was employed by the hospital. This is what is known as “ostensible agency” and can prove vital in medical negligence cases involving independent contractors.

Filing a medical malpractice claim in South Carolina

The process of pursuing a medical malpractice claim in South Carolina can be complex. State law requires that all individuals looking to file suit against a healthcare provider or facility must first (a) submit a notice of intent to file suit and (b) pursue mediation with the party they are attempting to hold liable for their injuries.

If mediation does not result in a favorable outcome for the plaintiff, they may choose to move forward with filing a lawsuit. Medical negligence lawsuits require strong evidence, as plaintiffs must clearly show that a provider’s actions met the legal standard of negligence and directly caused their harm. That’s why plaintiffs in these cases are encouraged to partner with an experienced medical malpractice attorney to help them fight for their rights.

A malpractice attorney can use medical records, staff interviews, photographs, and video footage to build a strong case against the negligent party and convince the court of the need for compensatory damages. It’s also worth keeping in mind that South Carolina requires expert testimony to be presented as part of medical malpractice cases, and a malpractice attorney can help their client secure a trusted expert to support their claims.

What kinds of damages are available in medical negligence cases?

If a hospital or its employees are found liable for negligence, the injured party may be entitled to compensation for economic and non-economic damages, including:

• Medical bills
• Rehab costs
• Lost wages
• Reduced capacity to work
• Pain and suffering
• Emotional distress

In cases involving gross negligence or systemic failure, punitive damages may also be levied to punish the institution and deter similar conduct in the future.

While there is no damage cap on economic damages in the state of South Carolina, punitive and non-economic damages are capped under state law. The cap on non-economic damages is reassessed each year and increased commensurate with inflation. In 2025, the cap on non-economic damages was increased to $580,461 for cases involving a single defendant and $1,741,383 for those involving multiple defendants. Punitive damages are similarly capped at three times the amount of all other compensatory damages or $500,000, whichever is greater.

Final thoughts

If you or a loved one has suffered harm in a hospital as the result of employee or systemic negligence, it’s critical to consult with an experienced attorney as soon as possible to determine whether you are eligible for compensation. The team at McGowan, Hood, Felder & Phillips, LLC has more than 20 years of experience supporting victims of medical negligence across South Carolina. We have the experience and expertise necessary to help clients from all walks of life fight for the compensation they deserve following an adverse medical event.

If you are in need of legal assistance while navigating a medical malpractice incident, give us a call today. Our team can help investigate your case, calculate damages, and file a claim so you can get back to focusing on the things and people that matter most during your recovery.