Can I file a malpractice suit against someone who isn’t a doctor?
There are many different issues involved in filing a medical malpractice suit, but it is in your best interest to work with an experienced lawyer, like those at Morgan & Morgan. You may be eligible to pursue compensation against responsible parties, including doctors, institutions, or other parties in the medical field. This is known as a concept of vicarious liability.
When you file a malpractice lawsuit, you can expect that the hospital's legal team will push back a great deal. Most doctors or hospitals do not want to be found liable and will do everything they can to minimize the impact of the underlying incident or to claim that malpractice did not occur. With such high stakes, you need someone on your side who is prepared to push for the best outcome for you. Our lawyers are ready and able to help you take this case to settlement or court.
What Does Vicarious Liability Mean?
Vicarious liability in a medical malpractice case means that you may be able to hold an employer such as an urgent care center, hospital, or other medical facility responsible for the negligence or the malpractice of its employees. Employers or hospitals can be found vicariously liable in malpractice cases in situations such as when an injury or death was caused by a routine activity the professional was hired and expected to perform when the injury or death occurred while the licensed medical professional was on duty or when the healthcare facility benefited from the task performed by that medical professional.
One such example is a surgeon who works in an area hospital. The primary job of that surgeon is to perform surgeries, and if they are found to be negligent during the surgical procedure and this causes injuries, the hospital could be found liable. It is very important to hire an experienced medical malpractice attorney to evaluate your case as soon as possible and to determine whether vicarious liability may occur.
Why Do I Need to Prove a Doctor-Patient Relationship?
There are several different components of a typical medical malpractice claim in most states across the country. You must be able to show that there was a physician and patient relationship with the doctor you are suing. This means that you hired that doctor and the doctor agreed to be hired. You can't sue someone who you simply overheard giving advice or treating someone else if you were not the patient, for example. However, the concept of vicarious liability means that you may be able to pursue compensation by holding the medical care facility who hired that doctor responsible.
Which Employees of a Medical Facility Can Be Held Liable in a Malpractice Lawsuit?
The idea of liability in medical malpractice is not limited to medical doctors alone but can also apply to other health professionals in the scope of employment such as healthcare facilities, nurses, anesthesiologists, pharmaceutical companies, and others who may be involved in healthcare services. The primary thing to keep in mind as a victim of medical malpractice is that you must prove fault that led to a personal injury. You will need to illustrate how the employer's liability for their worker's actions connects to your case.
Can I Sue a Hospital?
In the context of a medical malpractice action, hospitals could be found directly negligent for their actions as well as vicariously liable for negligent actions of employees. Hospitals' medical staff often include not just licensed physicians but other healthcare providers, like nurse practitioners, physician's assistants, and nurses. It is the hospital's responsibility to thoroughly evaluate these professionals as well as to train them on the job.
Can a Pharmaceutical Company Be Held Liable for Medical Malpractice?
In certain cases, a pharmaceutical manufacturer could be found negligent when a drug led to a patient injury but only if the manufacturer failed to warn healthcare professionals like physicians about the dangers or side effects. The primary duty of a pharmaceutical manufacturer is to its physicians. This means that the manufacturer is usually not held liable for a patient's injury so long as they appropriately informed the physician of all risks involved. Manufacturers must do everything possible to research the potential side effects or risks of a medication before putting it on the market.
Who Can Help File a Medical Malpractice Suit?
If you have been the victim of medical malpractice, contact Morgan & Morgan today for a free, no-obligation case evaluation to learn more about your options. We’re to help you to take your first steps toward recovery.