Temecula, CA asked in Business Law, Employment Law and Medical Malpractice for California

Q: Who can be held responsible for medical malpractice involving independently contracted doctors?

If a doctor was hired as a 1099 independent contractor by a staffing agency and contracted out by the agency to a clinic and the doctor is sued for medical malpractice, can the staffing agency be held liable for medical malpractice as well?

2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered
  • Medical Malpractice Lawyer
  • Wyomissing, PA

A: Not usually--that would be a cross claim by the clinic. But it's possible. Let your attorney deal with that.

Zaher Fallahi
Zaher Fallahi
Answered
  • Los Angeles, CA
  • Licensed in California

A: Most likely the doctor and the clinic will be sued. Generally, it may be unlikely to successfully sue the agency. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For specific advice, please consult an appropriate attorney in person. Good luck. Zaher Fallahi, Business and Tax Attorney, CPA.

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