How Can Outpatient Surgery Centers be Liable for Medical Malpractice?


There are many people who go to an outpatient surgery center when they need a medical procedure performed. However, in doing so, they usually do not consider the risk that may be involved. Outpatient surgery centers were originally designed to provide elective and minor procedures that did not require significant recovery time. While this is true, there are many centers that perform more involved procedures. This can sometimes leave patients with serious injuries if medical malpractice occurs. At Brock & Goetzmann, we have had three cases of death following outpatient shoulder surgery. To learn more, continue reading below and contact our firm for assistance with your case.

What are Common Types of Negligence?

There are a variety of different ways that negligence can occur at an outpatient surgery center. This can include but are not limited to the following:

  • Improperly administered or monitored use of anesthesia 
  • Failure to sterilize equipment
  • Discharging a patient before they are ready to go home
  • Poor documentation of safety procedures
  • Poor staff oversight
  • Emergency response equipment absence or failure
  • Procedure performance beyond the facility’s capability
  • Lack of resources to respond to complications
  • Unsanitary conditions

How Can an Outpatient Center by Held Liable?

Unlike hospitals, outpatient surgery centers often use independent service providers to perform some of the work that is needed to treat patients and perform procedures. This means that instead of being an employee of the facility, independent contractors can be authorized to use the center for a procedure. However, they are not technically under the center’s direct supervision. This can sometimes make it difficult to hold an outpatient center liable, as they will use the relationship to argue they are not responsible for the contractor’s actions. However, the law states that if a patient reasonably believed the contractor was acting on behalf of the surgery center, the facility may share liability. This is referred to as vicarious liability. These matters are often complicated, which is why it is crucial to have the assistance of a skilled medical malpractice attorney who can help your case.

Contact our Firm

If you or someone you know has been wrongly injured, you must not wait. Our firm is ready to help you through each step of the legal process to help ensure you recover the financial compensation you need to move on with your life. We are ready to help–all you have to do is contact Brock & Goetzmann, PLLC today.

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