Can a Hospital Be Sued for a Doctor’s Mistake?

 Posted on February 28, 2026 in Medical Malpractice

It is possible to file a medical malpractice claim against a hospital for a doctor’s mistake. However, it depends on the relationship between the hospital and the doctor who caused the harm. Hospitals don't always employ the doctors who work inside them, and that distinction matters a great deal when figuring out who can be held responsible.

If you or someone you love was hurt by a medical error at a hospital, our Arlington Heights, IL medical malpractice lawyers can help you understand who may be liable and what your options are.

When Is a Hospital Responsible for a Doctor's Actions?

The answer comes down to one key question: was the doctor an employee of the hospital, or an independent contractor? Under Illinois law, employers can be held responsible for the negligent acts of their employees when those acts occur within the scope of employment. This legal doctrine is known as respondeat superior.

Nurses, technicians, and staff doctors who are directly employed by the hospital fall under this rule. If one of them makes a mistake that injures you, the hospital shares responsibility for what happened.

What If the Doctor Responsible for Your Injury Was Not a Hospital Employee?

Many doctors who treat patients at a hospital don't actually work for that hospital. They have their own practices and simply have permission to use the hospital's facilities. In those cases, the hospital usually can't be held responsible under respondeat superior because there's no employment relationship.

There is an important exception, though. It's called apparent authority. A hospital can still be held responsible if it made the doctor look like one of its own employees, and you had no reason to think otherwise. This comes up most often in emergency rooms, where patients take whoever is available without choosing a specific doctor. If the hospital presented that doctor as part of its staff and you reasonably believed they worked there, the hospital may still be liable for that doctor's mistakes.

What Does It Take To Prove a Hospital Was Negligent on Its Own?

Hospitals can also be sued for their own separate negligence, apart from anything a doctor did. Hospitals have a duty to keep patients safe.

Common examples of a hospital failing that duty include:

Not properly training or supervising staff

Keeping a provider on staff despite known problems with their performance

Understaffing a unit in a way that led directly to patient harm

Failing to keep equipment in a safe working condition

Not having proper safety steps in place for patient care

These claims don't depend on whether the doctor was an employee. They focus on what the hospital itself did or failed to do, which means the hospital can face liability even in cases where the doctor cannot.

What Are the Requirements for Filing a Medical Malpractice Claim in Illinois?

Illinois has specific rules you have to follow before a malpractice lawsuit can move forward. Under 735 ILCS 5/2-622, you must file an affidavit of merit along with your complaint. This is a document confirming that your attorney spoke with a qualified medical professional who reviewed your case and believes there is a legitimate basis for the claim. That medical professional must also provide a written report explaining their opinion.

This rule exists to make sure claims have real medical support behind them. It also means that putting together a strong malpractice case takes time and the right resources. It can't be rushed.

What Damages Can You Recover in an Illinois Medical Malpractice Case?

If your claim is successful, Illinois law allows you to seek compensation for a range of losses. These can include:

Past and future medical bills related to the injury caused by the negligence

Lost wages and reduced ability to earn income if the injury affected your ability to work

Pain and suffering and other non-economic losses

Long-term care costs if your injury requires ongoing treatment or help

No outcome is guaranteed, but knowing what may be recoverable helps you make smart decisions before you accept any settlement offer.

Schedule a Free Consultation With Our Schaumburg, IL Medical Malpractice Attorneys

If you were hurt by a medical error at a hospital and aren't sure who is responsible, Newland & Newland, LLP can help. Our Arlington Heights, IL medical malpractice lawyers care deeply about our clients and the communities we serve. Our firm brings many decades of combined experience across multiple attorneys and has recovered millions of dollars in successful verdicts for people hurt by medical negligence. If you have questions about compensation, call 847-797-8000 to schedule a free consultation today.