When you have been the victim of a medical malpractice, it’s important to identify all of the individuals accountable for the damages you have suffered. This will help determine each person’s responsibility in the case and what percent of the damages they will have to pay for.
Here is a list of a few people/parties that are often held responsible in the event of medical malpractice:
1. The first person to point your finger at is usually the medical professional who personally performed the medical act, or depending on your situation, prescribed the medication. This person is often most responsible because they were the apparent individual in charge during the time the event(s) took place.
2. You are also entitled to sue those responsible for the individual who caused the harm. For example, in addition to suing the physician, you may sue the hospital or physician’s office who employs him/her. Hospitals have to take on some level of responsibility for their employees and therefore are often sued in the event one of their employees is responsible for a medical malpractice.
3. In addition to hospitals, anyone who administered any drugs or gave any care that was prescribed by another is also responsible. Since they performed the actual act that caused you harm, they are at fault, even if they did not prescribe the treatment. It may be the physician’s job to provide safe and responsible care, but it is also the job of the individual administering that care to make sure it isn’t conflicting with current medications or health conditions. In these cases, both parties are at fault.
4. You may also consider suing the pharmacy (or hospital) who gave you the device or medication that caused you the harm. For example, if your doctor prescribes you a medication without checking to see how it will work with the current medications you are on, he/she is responsible- but so is the pharmacy that supplied you with the medicine. In a case like this, you would sue both.
5. Lastly, in some extreme cases, you may even sue the pharmaceutical company themselves. A case like this occurs only when the manufacturer fails to properly and clearly warn the physicians of the drug’s possible side effects, dangers, or complications. These cases are relatively rare though- a pharmaceutical manufacturer’s primary duty is to the physicians. As long as they inform the physician of all possible risks, they cannot be held responsible. It is the manufacturer’s responsibility only to provide a medication that is reasonably safe when used as intended. It is your physician’s job to ensure it is the right medication for you specifically.
There are a few other cases when the hospital is held accountable as well…
1. If they fail to inquire about employee qualifications before hiring them
2. If they do not maintain a sufficient number of registered nurses on duty at all times to guarantee quality patient care.
3. If a hospital’s employee fails to follow the orders of the patient’s private physician.
Here are a few terms you should know that will probably come up when determining who you should sue for the medical malpractice:
• Vicariously Liable: If a hospital / doctors office is being sued for the malpractice of one of their employees, then they are being held responsible for the employee’s negligence rather than their own. In these cases, the hospital is considered Vicariously Liable.
• Corporate Negligence: A hospital’s medical staff is supposed to consist of fully licensed physicians, nurses, assistance and practitioners. It is the responsibility of the hospital to hire only applicants who meet the educational, training, and licensing requirements. If they neglect to do so, this is considered Corporate Negligence.
Determining the individuals and parties at fault can be a long and tedious process, but it will determine the amount of your monetary damages. Therefore, it’s an important process to take the time and do right. Your money reimbursement can include medical expenses, compensation for future expected medical expenses, pain and suffering, and lost income.
Goidel & Siegel LLP (www.goidelandsiegel.com), a lawfirm that specializes in Personal Injury.
Goidel & Siegel was founded in 1990 for the purpose of providing the best possible legal representation to people who are injured by others. Our firm is committed to fighting for the rights of our clients and helping them to obtain the highest possible financial compensation for sustaining injuries. We have recovered tens of millions of dollars in jury awards and settlements during our 17 years in practice.
Our firm handles only personal injury cases. For that reason, our attorneys are highly knowledgeable in that area of the law and have experience representing plaintiffs in a full range of personal injury cases.