Medical Negligence: How To Determine Who Is Responsible

Personal Injury Lawyer

When errors are made during a medical procedure, it can change your future forever. From surgical mistakes to negligence with anesthesia, many things can go wrong. When this happens, you may decide to sue; however, knowing which party is responsible and building evidence to shed light on their malpractice may help you win the compensation you seek.

Consider the Nature of the Negligence 

Before you file a lawsuit, it is important that you fully understand the nature of your injury and how it occurred. Some common types of malpractice occur across several different medical branches and can include:

  • Nursing home care 
  • Surgical procedures 
  • Incorrect illness diagnosis at a hospital 

Proper understanding of what and who caused your injury can be an important first step in filing a malpractice lawsuit, especially if you believe more than one individual was involved.

Hospitals May Be Well Protected From Lawsuits 

Before you file suit against a hospital, you may want to investigate the doctor who treated you, as most are independent contractors who do not work directly for the facility where they treat patients. For example, if you were admitted to the hospital for chest pain and the doctor who sees you diagnoses angina when you actually had a heart attack that caused irreversible damage to your coronary artery, you may have to file suit against the doctor, not the hospital. Your attorney might be able to help you name the proper parties before you proceed, which can help you build a stronger suit.

Medical Facilities Can Be Liable for Support Staff Actions 

While most doctors are not employed by the hospitals where they practice, other medical workers such as nurses, technicians and other support staff are usually direct employees of a medical facility. As such, they can be held liable for injuries that may occur due to their negligence. If such actions can be proven, you may be able to sue both that individual and the hospital.

Ask Your Attorney for Assistance 

Hiring a medical malpractice lawyer can be an effective step in naming the proper parties for your lawsuit. He or she can review the details of what led to your injuries, when and where they occurred and whether the medical facility itself can be held liable. This can be especially helpful if your injury has left you with physical limitations or a permanent brain injury that could make gathering such information on your own difficult.

The impact of medical malpractice can be devastating and cause life-altering changes to you and your loved ones. Call a medical malpractice attorney in Phoenix, AZ today for more information on how to build your case.

 

Thanks to Rispoli Law, PLLC for their insight into medical malpractice and how to determine negligence.

Posted on November 27, 2019 @ 9:37 pm

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