You suspect (or know) that you or a family member have suffered injury (harm) as a result of a medical error (either something was done that should not have been done, or something should have been done that wasn’t done). Who’s responsible? Who do you sue?
Sometimes the answer seems obvious – a surgeon removes the wrong body part because they failed to confirm that they identified the correct body part before removing it. However, it may not only be the surgeon who committed medical malpractice, but others may also be responsible – for instance, a nurse in the operating room may have been responsible for marking a leg to be operated on and failed to mark the correct leg (nonetheless, the surgeon remains liable for operating on the wrong leg because it is ultimately and primarily the surgeon’s responsibility to identify and operate at the correct surgical site and on the correct body part). In this scenario, the nurse may also be held liable for the medical error that led to catastrophic injuries (for example, not only the wrong (healthy) leg may have been amputated, but now the diseased leg must also be amputated).
Many times, behind-the-scene medical providers are responsible for medical errors. For instance, a radiologist may have incorrectly read a scan that resulted in improper treatment (or no treatment). Or a pathologist viewing a specimen submitted after surgery may fail to identify a disease such as cancer that causes the patient to suffer harm.
If the aberrant medical care occurred in a hospital, the hospital itself may be held responsible for the medical negligence, either for its direct negligence or for the negligence of its employees or staff. However, some charitible hospitals or government-run hospitals may enjoy immunity from responsibility for their wrongdoing and the negligence of their medical staff.
Many states require that proper and timely notice be given to health care providers before a medical malpractice lawsuit may be filed. The requirements regarding such medical malpractice claim notice would not normally be within the knowledge or experience of the medical malpractice victim.
From the examples above, you may now realize that it is not always known who may be held accountable for medical malpractice. Suing the wrong person, or failing to sue all of the potentially responsible health care providers, may result in consequences that reduce or eliminate the monetary damages that can be recovered, and the medical malpractice victim may not receive full justice. All the more reason to promptly consult with a local medical malpractice lawyer near you to have your medical malpractice questions answered.
If you or a loved one may have been harmed 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.
Click on the “Contact Us Now” tab to the right, visit our website, or call us toll-free in the United States at 800-295-3959 to find medical malpractice attorneys in your state who may assist you.
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