When Are Hospitals Liable for Staff Negligence in Maryland?

 Posted on January 31, 2026 in Medical Malpractice

As of 2026, hospitals in Maryland can be held legally responsible for staff negligence through a medical malpractice claim. This is possible when the worker who caused the harm was under the hospital’s control or when the hospital’s own failures contributed to a patient’s injury. Liability does not always stop with an individual nurse or doctor. In many cases, the hospital itself may share responsibility for unsafe care.

Maryland law looks at who employed the staff member, how care was provided, and whether hospital policies or decisions played a role in the injury. If you were harmed while receiving care, a Baltimore, MD medical malpractice lawyer at Serafini Law can help explain whether the hospital may be legally liable.

When Is a Hospital Responsible for a Staff Member’s Mistake in Maryland?

Hospitals are often liable for negligence committed by employees under a legal rule called respondeat superior. This rule means an employer can be held responsible for an employee’s actions when those actions happen as part of the employee’s job duties.

In hospitals, this most commonly applies to nurses, aides, technicians, and other staff who are directly employed by the hospital. If a nurse gives the wrong medication, fails to monitor a patient, or does not follow safety procedures, the hospital may be liable because it controls hiring, training, and supervision.

Maryland courts focus on whether the staff member was acting within the scope of their job at the time of the mistake. If so, the hospital may be held responsible for the harm that followed.

Are Hospitals Liable for Doctors Who Are Not Direct Employees?

Many doctors who work in hospitals are independent contractors rather than hospital employees. Hospitals often argue they are not responsible for these doctors’ mistakes. In some cases, that argument succeeds. In others, it does not.

A hospital may still be held liable when:

• The hospital presents the doctor as part of its medical staff.

• The patient reasonably believes the doctor works for the hospital.

• The patient has little or no choice in selecting the provider.

• The hospital fails to properly screen or credential the doctor.

Courts closely examine what the hospital told the patient and how care was arranged. This situation is often referred to as apparent agency.

When Is a Hospital Responsible for Its Own Negligence?

Hospitals can also be held liable for their own actions or failures, even if an individual provider is not an employee. This is known as direct hospital negligence and focuses on hospital systems rather than a single mistake.

Examples of hospital negligence include:

• Inadequate staffing levels

• Poor training or supervision

• Unsafe policies or procedures

• Failure to maintain equipment

• Ignoring known safety concerns

When these failures contribute to patient harm, the hospital itself may be named as a defendant.

What Laws Control Hospital Negligence Claims in Maryland?

The Maryland Health Care Malpractice Claims Act governs medical malpractice claims in Maryland. Most claims must first be filed with the Health Care Alternative Dispute Resolution Office before they can move forward in court. Patients must also submit a certificate from a qualified medical expert stating that the care likely fell below accepted standards.

What Must a Patient Prove in a Hospital Liability Case?

To succeed in a hospital negligence case, a patient must prove several key elements. These requirements apply whether the claim involves a staff member’s mistake or the hospital’s own failures.

A patient generally must show:

• The hospital or its staff owed a duty of care.

• That duty was breached.

• The breach caused injury.

• The injury resulted in measurable damages.

Hospital cases can be complex because multiple departments and providers may be involved. Medical records, internal hospital policies, and expert review are often required to connect the hospital’s actions to the harm suffered.

Schedule a Free Consultation With Our Baltimore, MD Medical Malpractice Attorney

Attorney Serafini gives each case his personal attention. He is known for being supportive with clients while aggressive with insurance companies and other defendants. He’s also very active in the local community and understands the hospitals serving Baltimore residents.

If you believe a hospital may be responsible for your injuries, call 240-744-1600 to contact a Baltimore, MD medical malpractice lawyer at Serafini Law today. We are available 24/7 and work on contingency, which means you only pay fees if we win your case.