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Medical Malpractice Liability

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What Is Medical Malpractice?

Medical malpractice is a specific type of injury claim that typically involves the negligence of a doctor, surgeon, nurse, or other health care professional.  Proving medical malpractice usually requires that the plaintiff suffered medical injuries due to the medical professional’s breach of their professional duty of care. There are various standards of care depending on the professional’s line of work, educational background, and medical experience. 

Some examples of medical malpractice may include: prescribing the wrong medicines; giving wrong medical advice; performing the wrong surgery; and reckless handling of the patient’s body.

What Is Medical Malpractice Liability?

Medical malpractice liability refers to which person or parties should be held legally responsible for the patient’s injuries. This is usually the party that breached their duty of care, and was the actual cause of the patient’s injuries. But in some cases, it can be difficult to tell exactly who the liable parties are.

For instance, medical malpractice liability can often involve more than one party. It is possible for medical malpractice liability may be split between both a doctor and nurse whose negligence caused the injury. For instance, if wrong instructions were given, or if one professional failed to correct the other, there may be a chance that both parties can be held liable.

hospital organization can also sometimes be held liable for malpractice, especially in cases where the overall policy or quality of care of the hospital is substandard. 

What If I Need to File a Medical Malpractice Claim?

One of the first steps is to determine which person or parties you think might be liable for your injuries. You should review the chain of events leading up to your injury and see where the origin of your injury might lie.  Was it due to faulty medicine? Was it due to a wrong prescription?  Was it due to a wrong surgical procedure? As mentioned, in some cases many different persons might be jointly responsible, so it’s important that you try to recall and document the nature and extent of your injury.

Do I Need a Lawyer for a Medical Malpractice Lawsuit?

Medical malpractice claims can often involve serious injuries that can be costly to the victim. You may need to hire a lawyer if you need assistance with a medical malpractice liability claim. Your attorney can help determine which party or parties might be liable for your injury, and can help represent you during the actual lawsuit. 

Photo of page author Peter Clarke

, LegalMatch Content Manager

Last Modified: 06-18-2018 10:25 PM PDT

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