Hospital Malpractice vs. Doctor Negligence: What’s the Difference?

by | Jun 26, 2025 | Attorney

When something goes wrong during medical care, patients often feel confused and overwhelmed. Was it the hospital’s fault—or the individual doctor’s? Understanding the difference between hospital malpractice and doctor negligence is essential if you or a loved one has suffered harm due to poor medical treatment in Arizona.

This guide breaks down the legal and practical distinctions between the two—and explains what you can do if you’re seeking accountability.

What Is Hospital Malpractice?

Hospital malpractice occurs when the hospital as an institution is legally responsible for harm caused by its staff, policies, or operations. This can include:

  • Negligent hiring or supervision of medical staff

  • Understaffing or scheduling errors that contribute to poor care

  • Failure to maintain safe premises

  • Improper training of nurses, technicians, or support staff

  • Administrative mistakes like lost records or misfiled test results

Hospitals can also be liable for the actions of employees such as nurses, lab techs, or ER physicians who are directly employed by the facility.

Visit our Hospital Malpractice Attorney page to explore these cases in more depth.

What Is Doctor Negligence?

Doctor negligence happens when a physician fails to provide care that meets the accepted medical standard, resulting in harm to the patient. These errors may include:

  • Misdiagnosis or delayed diagnosis

  • Surgical mistakes

  • Prescribing the wrong medication

  • Improper follow-up care

  • Failure to obtain informed consent

In many cases, doctors are independent contractors, not direct hospital employees. That means they may be personally liable for negligence—not the hospital.

For more on these types of claims, visit our Medical Malpractice Attorney page.

Key Differences Between Hospital and Doctor Liability

Factor

Hospital Malpractice

Doctor Negligence

Who is liable?

The hospital or facility

The individual doctor

Employment status

Involves staff directly employed by the hospital

Often applies to independent contractors

Types of errors

Systemic issues, staffing, admin, equipment

Diagnostic or treatment-related mistakes

Examples

ER delay due to understaffing, nurse medication error

Missed diagnosis, surgical error by a physician

It’s possible for both the hospital and doctor to share liability in certain situations—such as if a hospital knew a doctor was dangerous but continued to allow them to treat patients.

How to Determine Who Is Responsible

1. Employment Contracts

Understanding the legal relationship between the hospital and the provider is critical. Hospitals are generally liable for their employees, but not for independent contractors.

2. Nature of the Error

If the harm resulted from a nurse’s mistake, it likely falls under hospital malpractice. If a surgeon made a critical error during an operation, it may fall under doctor negligence.

3. Chain of Events

A thorough investigation is needed to determine how the error occurred and who was ultimately responsible.

Our attorneys work with medical experts to evaluate your care and identify liability. Visit our Contact Page to schedule a consultation.

Can You Sue Both the Hospital and the Doctor?

Yes—in cases where both parties contributed to the harm, a lawsuit may name multiple defendants. For example:

  • A hospital may be liable for failing to supervise a negligent doctor.

  • A doctor may be liable for misdiagnosing a condition that nurses failed to monitor properly.

Pursuing both avenues can increase the potential for compensation and accountability.

What Damages Can You Recover?

Whether you pursue hospital malpractice or doctor negligence, you may be eligible for:

  • Medical bills and future care costs

  • Lost wages or lost earning capacity

  • Pain and suffering

  • Emotional distress

  • Loss of companionship (in wrongful death cases)

Learn more about pursuing a wrongful death claim if medical negligence resulted in the loss of a loved one.

Final Thoughts

Medical malpractice cases are rarely straightforward. If you’ve suffered due to negligent care, knowing the difference between hospital malpractice and doctor negligence helps you understand your legal rights and the best path forward.

At Snyder & Wenner, we focus on serious injury and medical malpractice cases. Let us help you determine where the fault lies and how to hold the responsible party accountable.

Contact us today to start your case evaluation. Your road to justice begins with a single step.

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