Whom can I sue for medical malpractice?
- March 29, 2017
As medical advances continue to develop, overall quality of life and longevity have greatly increased as well. At the same time, instances of medical malpractice have begun to creep into the industry in alarming numbers. While it is true that doctors cannot save everyone, they do have an obligation to provide the best possible care to their patients. When this fails to happen and something goes drastically wrong as a result, the common question is to wonder who you can sue for medical malpractice. Let us answer that for you now.
When most people think about medical malpractice, they inevitably shift their focus to the medical professionals that were involved in the incident. This can include doctors, nurses, anesthesiologists, and more.If a person is determined to be negligent in the performance of their duties, and an accident or injury were to occur as a result, that person would be a prime candidate to be sued for medical malpractice.
It is important to note that negligence and fault must be proven when charges of medical malpractice are raised against a medical professional. Common cases include surgical tools being left in the body, the wrong limb being operated on or amputated, and an incorrect diagnosis being issues. These are all areas where a medical professional is considered to be reasonably competent to not make the error. If the malpractice occurs and it can be traced back to one medical professional, then a lawsuit on that basis might be warranted.
Hospitals and Other Health Care Facilities
Hospitals and other types of facilities where medical procedures are performed have an obligation to hire only highly skilled, educated, and professional employees. This includes licensed physicians, nurses, physician’s assistance, and nurse practitioners. The majority of the time, this is exactly what happens. Nobody wants to make a mistake, but if an error is made one must look at the reasons why it occurred in the first place. Malpractice can be deemed to have taken place if the hospital or health care facility failed in its obligation to only placed educated and trained individuals in front of the patient.
One example of this would be a hospital that fails to check the professional credentials of a doctor or nurse. If that individual is later found to be practicing without the requisite education, the entire facility could be sued for malpractice. While the individual might be guilty of malpractice as well, that would be secondary to the entire facility being brought up on charges. There are also cases where a hospital puts a medical profession in a position that they are not qualified for. This is often due to under staffing or other internal factors. If a mistake happens on that basis, the facility may be deemed to be negligent and there are grounds for a medical malpractice lawsuit.
Another possible target of a medical malpractice lawsuit are pharmaceutical companies. Such a company can be determined to be liable if a drug causes the injuries present in a patient, or death. It is important to note that this is only the case if the drug company failed in its oblation to notify physicians of the potential side effects or dangers of the medication. If the doctor was warned and then failed to duly inform his or her patient, then that would be a separate case altogether.
Pharmaceutical companies have very little interaction at all with patients. Their primary responsibility is to the doctors and medical facilities that administer their products. If something negative is discovered about a particular drug, even after it has been approved by the FDA, the pharmaceutical company has an obligation to immediately notify all doctors and hospitals of this new finding. Failing to do that can result in a medical malpractice suit if it is found that patient was harmed or killed as a result of this negligence.
If you believe that you have been a victim of medical malpractice, either as a result of negligent medical professionals or a health care facility, contact our office for a free consultation. We will work with you to get you the financial compensation that you are entitled to.