Who Can Be Sued in a Medical Malpractice Claim?

Medical malpractice is not limited to just the conduct of physicians, but can also apply to nurses, anesthesiologists, health care facilities, pharmaceutical companies, and others that provide health care services. The point of a medical malpractice suit is proving fault, usually by a doctor or someone else directly related to medical care. However, sometimes other entities are liable as well.

Below are examples of other entities that could be held liable for your injuries:

1. Hospitals: In the context of medical malpractice actions, hospitals can be held directly liable for their own negligence, and can also be held “vicariously” liable for the negligence of their employees.

a. Hospital Negligence: A hospital’s medical staff will consist of licensed physicians and other licensed health care providers, such as nurses, physician’s assistants, and nurse practitioners. A hospital might be liable if it fails to investigate the credentials of an attending physician before granting him/her privileges at the hospital, or where it allows a physician whom it knew, or should have known, was incompetent, to treat patients at the hospital.

a. Vicarious Liability: When a hospital employee injures a patient, the hospital itself may be vicariously liable under the legal doctrine of “respondeat superior.” Under this doctrine, an employer may be held liable for the negligent acts of its employee, if the employee was acting within the scope of his or her employment when the negligent act or omission occurred.

2. Pharmaceutical Companies: In some cases, a pharmaceutical manufacturer may be liable where a drug caused a patient injuries, but only if the manufacturer failed to warn physicians of the drug’s potential side effects or dangers.

Contact an experienced medical malpractice attorney

At Polito & Harrington, we offer personalized, and attentive service while handling your medical malpractice case. Your medical malpractice case will be handled directly by CT & RI medical malpractice lawyers, Humbert Polito or James Harrington. You will always be able to talk with your lawyer when you need to. We will work hard to hold people and companies responsible for injuries caused by their carelessness.

To schedule a free consultation at Polito & Harrington to discuss your medical malpractice claim, call 1.860.447.3300.

Sources

1. https://www.nolo.com/legal-encyclopedia/medical-malpractice-basics-29855.html

2. https://www.alllaw.com/articles/nolo/medical-malpractice/proving-case.html