Medical malpractice occurs when a healthcare professional deviates from generally accepted standards of care in a way that causes harm to a patient. Malpractice cases involve patients who have suffered harm or injury as a result of a medical professional’s negligence. If you or someone you know has been injured as a result of medical malpractice, it is critical to understand who may be held liable and how a medical malpractice lawsuit can be filed.
1. Healthcare Providers
In cases of medical negligence, medical professionals such as physicians, nurses, and other healthcare experts are the most common defendants. A medical malpractice lawsuit can result in substantial financial damages for the victim. These individuals have a legal obligation to provide care that meets generally accepted standards of care; if they fail to do so, they risk being held liable for any damage that may have occurred.
Medical malpractice cases usually center their attention on the treating medical professional. If you can demonstrate that a doctor’s carelessness caused you to suffer quantifiable injury, you have the right to file medical malpractice claims or medical malpractice lawsuits. For instance, in the case that a doctor performs a lung transplant and forgets an operation tool in the body of the patient, the doctor can be sued and have his medical license taken away.
In the case of nursing malpractice, it is possible to file a lawsuit against a nurse in several states. However, in certain areas, you are required to file a lawsuit against the hospital or the doctor.
A nurse may be found guilty of medical malpractice if they are shown to have caused personal injury to a patient by not performing their responsibilities as a qualified nurse normally would in the given circumstance. Some examples of nursing negligence include administering the incorrect prescription to a patient or failing to take appropriate measures on time.
If a pharmacist fills a prescription incorrectly, the pharmacist may be held liable. In several states, pharmacists are given additional responsibilities, such as the following:
- Checking with the patient’s primary care physician to see if the pharmacist’s assessment of the medicine’s potential to harm the patient is shared;
- When a patient is taking multiple medications, the possibility of dangerous drug interactions must be investigated.
- determining whether the patient requires the prescription in light of previous medical conditions; and
- Informing the patient about the medication’s potential side effects.
2. Hospitals and Clinics
Hospitals and clinics are another type of establishment that may be held liable for medical malpractice under certain conditions. This may occur if the injury is caused by the facility’s rules, processes, or equipment, or if the institution fails to properly supervise or educate its employees.
You have the right to sue the hospital if an employee injures you as a patient as a result of negligent performance of a job-related medical duty. The hospital could face legal consequences for the actions of its nurses and medical staff. If a hospital allows clearly unqualified individuals to have staff privileges, it may be held liable for damages.
Urgent Care Centers
Although urgent care clinics do not provide the same level of trauma treatment as emergency rooms, if a patient is injured as a result of medical malpractice, these institutions may be held liable.
Some of the most common reasons patients sue urgent care centers are as follows:
- Incorrect or incompetent treatment,
- Failure to transfer a patient who requires a higher level of trauma care to another hospital
- Failure to report and failure to follow up on a patient
3. Manufacturers of Medical Devices and Pharmaceuticals
Manufacturers of medical devices and pharmaceuticals may also be held liable for medical malpractice if an item they produce is faulty or mislabeled, and this flaw or mislabeling causes the patient to be harmed and inquire about additional medical bills.
If you have suffered adverse effects as a result of using a prescription medication or medical equipment, you may be able to sue the manufacturer or another party.
There are times when a person suffers a negative outcome as a direct result of a medical device.
You may be able to file a lawsuit against the device’s manufacturer, the surgeon, or both. If the product in question was defective, you can file a claim against the company that manufactured it under the legal doctrine of product liability.
You can sue your surgeon for medical malpractice if the medical community was aware of the problems with the components but your surgeon continued to use them despite the risks.
Prescription Drugs and Medications
Some medications available only with a doctor’s prescription have the potential to induce serious adverse effects, such as blood-thinning agents that may result in severe internal bleeding.
If you have been harmed as a result of a negative reaction to a medicine, you may be able to file a claim against the manufacturer of the medication for placing a faulty item on the market.
A medical malpractice claim can be filed against your physician if they were aware of or should have been aware of the potential risks associated with the medication they prescribed to you but failed to do so.
4. Insurance firms
Insurance companies are indirectly liable for providing medical treatment; however, they may be held accountable for their policies or practices that impede healthcare providers’ ability to provide proper care.
Why choose us for your medical malpractice case?
Our highly skilled legal team has extensive experience handling complex medical malpractice cases. We are familiar with the complexities of medical law as well as the evidence required to successfully prove a case of medical negligence.
We will collaborate with medical experts to gather and present the necessary evidence to ensure that you receive the compensation you are entitled to for any harm caused by medical malpractice.
Our attorneys are well versed in the local court system and have a track record of obtaining favorable outcomes for our clients. Allow us to fight for your rights and justice by entrusting us with your medical malpractice case. Please contact us right away to speak with one of our experts.