Medical Malpractice Liability: Who Can Be Held Responsible?
Medical errors account for more than 250,000 deaths per year in the United States. It is the third-leading cause of death in our country. After experiencing a medical malpractice injury, you may be suffering devastating consequences, including loss of income, diminished living standards, psychological trauma, and even a loved one’s death.
If you or a loved one has experienced suffering due to medical malpractice, you may be entitled to compensation for your mental and physical injuries. You owe it to yourself to hire a lawyer who understands medical malpractice law. Learn more about medical malpractice laws from the leading attorneys in Florida and Georgia. Call Farah & Farah now to get your risk-free, no-obligation case review.
Who Can Be Sued For Medical Malpractice?
Most people think medical malpractice claims can only be brought against medical doctors, but that is not true. Medical malpractice liability is not limited strictly to medical doctors, any medical professional that has a duty to provide a standard of care to you can be held responsible for malpractice including:
Doctors, Nurses and Other Healthcare Professionals
Doctors, surgeons, nurses, and other healthcare professionals, including dentists, psychiatrists, physician assistants, and chiropractors, may be held liable for medical malpractice. In any case, an attorney must prove that the healthcare provider failed their duty to provide standard care and the resulting actions caused the plaintiff harm or injury.
Hospitals may be held responsible for the actions of their employees through vicarious liability. For instance, if the hospital did not operate an adequate setting for its employees to deliver proper medical care, they may be accountable for medical malpractice.
Direct Hospital Negligence
Hospitals are liable under the corporate negligence doctrine to conduct thorough screenings of all employees, investigate credentials, and provide sufficient training if applicable to staff. For example, if a hospital hires a surgeon with falsified credentials, and the incompetent employee harms a patient, the hospital can be held responsible.
Additionally, a hospital must have sufficient registered nursing at all times to provide appropriate patient care. The hospital must also oversee their physicians’ treatment plans and decide if the treatment plan is not adequate. Hospitals must also perform clinical tests, update medical records, treat seriously ill or injured patients in emergency settings. Federal and state statutes also require hospitals to treat all potential patients regardless of race, religion, or inability to pay for treatment.
What is Vicarious Liability?
It is not just individuals that can be held responsible for medical malpractice. Hospitals, clinics, and other agencies that employ healthcare professionals could also be held responsible through vicarious liability. Vicarious liability in medical negligence cases holds parties responsible for a legal relationship with the person or entity that committed the negligent act.
For instance, if a surgeon commits medical malpractice, the hospital will have vicarious liability for the actions of the physician they hired to perform the services. Hospitals must conduct rigorous background checks on all their staff on their certifications, licensing, and credentials. They must also provide necessary training, and medical entities will be liable for medical errors under their watch. Hospitals and other agencies could be directly responsible if:
- They fail to perform due diligence when hiring employees (employee’s education, training, background, etc.).
- They do not properly staff the facility and ensure enough people are on duty at all times to maintain adequate patient care.
- They fail to protect patients from harm due to premises liability issues.
- They neglect to keep adequate medical records.
- They fail to perform proper or adequate clinical testing.
- They fail to properly treat an uninsured patient in an emergency situation.
- They fail when admitting or discharging patients.
- They neglect to maintain or repair medical equipment.
- They perform a misdiagnosis.
- They negligently prescribe treatment.
- They breach patient confidentiality.
Contact Us If You Need Help With Your Medical Malpractice Case in Florida Or Georgia
When the professionals we trust with our lives make mistakes, they should be held accountable. It is your legal right to pursue action for medical malpractice. Hiring a lawyer with a proven record of winning medical malpractice cases can help you get the justice you deserve. Farah & Farah has a substantial history of assisting clients in getting the justice they deserve.
If you or a loved one has suffered illness or injury due to a medical provider, hospital, or device manufacturer’s negligence, you owe it to yourself to call Farah & Farah. We will learn more about your case during a free, no-obligation case review. Contact Farah & Farah today!