Imagine that one day while you are receiving medical care at a hospital, some sort of error or complication occurs and you are dealt a significantly worse medical outlook as a result. Which party do you sue, the doctor or the hospital? What other parties or entities could be caught up in the lawsuit?
When a patient affected by a medical error, hospital negligence or a pharmaceutical error considers legal action, that patient will ultimately file a medical malpractice lawsuit. This lawsuit could amass some crucial compensation for the victimized patient, who will have to deal with wrongfully incurred medical bills as well as immense pain and suffering.
But who should be the defendants in such a medical malpractice lawsuit? It all depends on the circumstances, but you could sue any number of parties depending on how your specific and unique medical error occurred.
Of course there are the medical professionals who handled your care. This could consist of doctors, nurses, anesthesiologists, assistants and any other registered medical personnel. Any of these medical professionals could be held responsible for your medical predicament.
The hospital itself can also be held responsible. Hospital negligence can happen in a number of ways. For one, the hospital can be held liable for failing to provide safe conditions. The hospital can also be held liable for not properly vetting a medical professional, or for failing to appropriately inquire into serious matters involving their staff members. Additionally, the hospital can be held vicariously liable for any negligence perpetrated by their medical professionals.
Source: FindLaw, “Medical Malpractice: Who Can Be Sued?,” Accessed Aug. 26, 2014