Legal•Info

Responsible Parties In Medical Malpractice

Medical malpractice lawsuits can be daunting and overwhelming, especially when it comes time to identify the party who can be sued. If you have experienced any kind of injury, illness, or other harm as a result of negligence, it is a good idea to consult with an attorney who is experienced in litigating medical malpractice lawsuits in order to help guide you through the process of bringing such a suit against a party or multiple parties.

There may be more than one party who is responsible for the injury or harm that befell you as a result of the negligence that has led to the medical malpractice case. You may be entitled to bring a lawsuit against not only the individual who was directly responsible, but also those who were around at the time of the malpractice and who may have professionally aided it.

Medical malpractice can be defined legally as any improper, negligent or unskilled treatment of a patient. It can be perpetrated by a surgeon, physician, nurse, pharmacist or other health care professional. Negligent medical malpractice allegations are comprised of four elements, which must be proven by the plaintiff in a lawsuit:
1.A duty of care was owe by the physician;
2.The physician violated the applicable standard of care;
3.The person suffered a compensable injury; and
4.The injury was caused in fact and proximately caused by the substandard conduct.

Proof of injury may include not only the physical effects of the treatment, but also the emotional effects of the malpractice.

It may be possible for you to include the hospital and pharmacy in your lawsuit. For example, hospitals should take every possible measure to determine which medications you may be allergic to, and to avoid prescribing those. They must also not over- or under-prescribe. A hospital, when hiring, is responsible for making inquiries into an employee's education, training, and licensing. If they do not make the inquiries necessary, then they could be liable for corporate negligence, a doctrine for the retention or supervision that is negligent if the employee is negligent themselves and injures a patient.

Also, if the hospital grants an attending physician privileges at the hospital and does not investigate their credentials, then they are also responsible for any negligent or unskilled treatment of patients that is performed at that hospital. Making sure there is an appropriate number of registered nurses on duty is also a responsibility of the hospital, and they may fall liable if a patient has been injured due to a nursing shortage. If an employee does not follow the orders of a patient's private attending physician, then the hospital is liable. Hospitals can also be liable for not properly admitting or discharging a patient, for failing to protect their patients from harm, for not keeping medical records that are accurate, or for failing to properly perform clinical tests. If they do not treat a person in an emergency status as such, then they are liable. It is also illegal for hospitals to refuse treatment or refuse to admit people because of their national origin, religion, race, color, or their inability to pay for their treatment.

Pharmacy employees can also be negligent, if they forget to put any pertinent warning stickers on your bottle or if they fail to ask if you have questions about your medication. This is especially vital if the medication is being prescribed for the first time.

If you are harmed by the actual medical device or medicines, then your medical malpractice attorney may also advise you to bring suit against the external actors, which are the manufacturers of the medical device or medication. For example, It is not unheard of that manufacturers will make faulty equipment, especially devices that contain hoses. The instructions for such devices should completely lay out any possibilities of mishap.

Additionally, medicines are frequently taken off the market because of unexpected side effects. The manufacturer of that damaging medication may be at fault because all side effects should be noted in trial tests. Unfortunately, a manufacturer will rush a product to the market because, to your detriment, they are many times money driven.

Deciding who can be sued in your specific malpractice case can be tiring and time consuming, yet applying dedication, research, and perseverance to this task will determine the money you'll receive in a court of law. Let a qualified medical malpractice attorney help you navigate the complicated path of bringing suit against those whose actions or inactions resulted in your injury.