Liable parties in a medical malpractice lawsuit

For most victims of medical malpractice in Tennessee, their first concern is getting the medical care they need in order to heal from their injuries. Second, they will start to ask questions about who is going to pay for the costs associated with that care. This is where a personal injury lawyer can help.

When it comes to a medical malpractice case, a Tennessee personal injury lawyer will first want to know who the treating physician and/or physicians were. Was there a primary care doctor, a surgeon or a medical specialist whose failures led to the medical malpractice event? Perhaps multiple doctors and surgeons were at fault, and all of them dropped the ball. These physicians will likely be the primary focus of any medical malpractice lawsuit -- especially if the suit relates to medical care decisions and/or procedural errors or misjudgments made during treatment.

Hospitals, medical facilities, outpatient surgical centers and other medical providers could also be liable for a patient's injuries in a malpractice suit. If the at-fault physician was employed by a hospital, for example, the hospital will be liable by virtue of the legal concept of vicarious liability. Vicarious liability means that the employer is responsible and liable for the actions (and failures) of the employee.

Hospitals could also be liable for their own actions and failures. For example, a hospital may have failed to order the right amount of supplies. Alternatively, a hospital might have failed to sufficiently vet medical staff, and negligently hired an unqualified doctor.

There are lot of different angles that medical malpractice victims and their attorneys should consider before deciding who is liable in a given case. In some cases, the more at-fault parties that can be named, the better. This increases the chances that if one or more defendants are deemed to be exempt from the lawsuit, another liable party will remain.

Source: FindLaw, "Medical Malpractice: Who Can Be Sued?," accessed Feb. 08, 2017

No Comments

Leave a comment
Comment Information