Can a hospital use a written statement to direct a patient to file suit against an employee personally for negligence?

I am employed by a hospital. One night I neglected to engage a patient’s bed alarm. The patient fell out of bed and was injured. The hospital wants a written statement from me. Can they use the statement to direct the patient to file suit against me personally?

Asked on November 28, 2011 under Malpractice Law, Ohio


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the case is not settled with the hospital's insurance carrier, a lawsuit will be filed against the hospital.  You will  also be named as a defendant in the lawsuit with or without providing the written statement.  The hospital is liable for negligence because an employer is liable for the negligence of an employee which occurred in the course and scope of employment.  The written statement is probably for the hospital to obtain the facts of the incident and also for the hospital's insurance carrier to have the facts.

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