If while under my care as a medical transport hourly employee, an elderly woman rolled off the gurney because we had failed to strap her in, can I be held personally liable?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If while under my care as a medical transport hourly employee, an elderly woman rolled off the gurney because we had failed to strap her in, can I be held personally liable?
Asked on October 24, 2012 under Malpractice Law, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You won't be held personally liable. Your employer will be held liable because an employer is liable for the negligence of an employee that occurs in the course and scope of employment.
The case may be settled with your employer's insurance carrier when the patient completes her treatment for the injuries she sustained when falling off the gurney. Compensation for her medical bills is straight reimbursement. Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports which document the nature and extent of the injury.
If the case is settled with your employer's insurance carrier, NO lawsuit is filed. If the case is NOT settled with your employer's insurance carrier, a lawsuit for negligence will be filed against your employer. Although you may be named as a defendant in that lawsuit along with your employer, your employer will be held personally liable. Your employer's insurance carrier will provide an attorney at no cost to handle the case.
If the case is NOT settled with your employer's insurance carrier, and the injured party does not file a lawsuit prior to the expiration of the applicable statute of limitations, she will lose her rights in the matter forever.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.