While sometimes it appears obvious who committed medical malpractice that caused harm to a patient, many times it is not so obvious and many times more than one bad actor committed medical malpractice who may be held responsible for paying compensation for the injuries they caused.

When it comes to federal employees or agents who commit medical malpractice, the Federal Tort Claims Act (FTCA) authorizes plaintiffs to obtain compensation from the United States for the torts of its employees. The FTCA only authorizes tort lawsuits against the United States itself; it expressly shields individual federal employees from personal liability for torts that they commit within the scope of their employment. Thus, under the FTCA the remedy against the United States is exclusive of any other civil action or proceeding for money damages that might otherwise be available
against the employee whose act or omission gave rise to the claim. The individual employee generally remains immune from tort liability for torts committed within the scope of employment, even if a provision of the FTCA forecloses the plaintiff from recovering monetary damages from the United States itself.

There are many reported cases where victims of medical malpractice named as the defendant the individual who allegedly committed medical malpractice that harmed them, and they only found out later that the individual was deemed a federal employee covered under the FTCA, when it was too late to sue the appropriate party for medical malpractice. Hence, it is important to timely consult with a medical malpractice lawyer who may determine if the FTCA applies to your medical malpractice claim.

If more than one person may be responsible for the injuries suffered by a medical malpractice victim, it is often important to name as defendants all of the possible medical malpractice wrongdoers because naming all possible defendants removes the risk of one wrongdoer pointing the finger at an unnamed wrongdoer that the jury may determine caused or contributed to the harm, and naming all possible defendants may also increase the pool of available medical malpractice insurance coverage so that a jury’s verdict may be paid in full. Also, one never knows which defendant(s) a medical malpractice jury may hold liable – if you failed to name someone who may be held responsible for medical malpractice that injured you, the jury may punish you for your failure to do so – the jury cannot find someone responsible to pay you compensation for your injuries if you did not present the jury with that choice.

Naming the hospital as a defendant in a medical malpractice case involving negligent medical treatment by a hospital employee may reduce a jury’s reluctance to award substantial damages against a person instead of a health care institution.

Many times the victim of medical malpractice does not fully know or understand who is at fault for the harm they suffered. For example, a patient may believe that their surgeon screwed up their surgery but it turns out that a pathologist misinterpreted a specimen submitted from the surgery. An experienced medical malpractice lawyer can help identify what happened and who is responsible.

Perhaps now you are beginning to understand how important it is to consult with an experienced medical malpractice lawyer in your state as soon as you suspect that you may be the victim of medical malpractice.

If you or a loved one were injured (or worse) as a result of medical malpractice in the United States, you should promptly find a medical malpractice lawyer in your state who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.

Visit our website or call us on our toll-free number in the United States (800-295-3959) to find medical malpractice attorneys near you who may help you.

Turn to us when you don’t know where to turn.