Medical malpractice lawsuits can sometimes be difficult to deal with, because the plaintiff may already be suffering from various medical conditions in addition to the malpractice. Part of the difficulty with some medical malpractice lawsuits is in determining who the liable parties are.
Depending on the specific facts of the case, it may be possible to hold the following parties liable for medical malpractice injuries and losses:
In addition, it’s also possible for medical malpractice to result from improper advice being given to a patient, not just negligent treatment. An example of this is where the patient receives the wrong follow-up instructions from a health care practitioner or home nurse.
Another concern with medical malpractice liability is that sometimes more than one person or party can be responsible for the injuries. In addition to any actual procedures, medical treatment has several different stages, such as intake, diagnosis, pre-treatment consultation, and follow-up. Along this chain of procedures, various errors can occur.
For example, a nurse may receive improper instructions regarding the dosage of a certain anesthesia. The question then becomes whether the nurse should have recognized whether to correct the dosage. This can depend on many different factors, such as the nurse’s skill level, as well as the nature of the instructions received.
Most states have mechanisms for determining how to deal with liability between different parties. This is known as the “division of liability” in a personal injury claim, and result in the liable parties having to pay certain percentages of the damages award. Again, this is a very complicated determination that depends on many factors and is different from state to state. It usually requires the expertise of a lawyer and may also require the testimony of medical experts as well. Different types of evidence need to be examined, such as hospital reports, medical receipts, and doctor’s notes.
Medical malpractice lawsuits generally require the assistance of a lawyer. This is especially true for cases where it’s difficult to tell exactly who is liable for the patient’s injuries. If you or a loved one needs assistance with a medical malpractice claim, you should speak with a personal injury lawyer in your area. A qualified lawyer can assist you in filing a lawsuit, and can provide you with expert legal consultation during the trial.
Last Modified: 10-26-2015 06:35 PM PDTLaw Library Disclaimer
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