A medical malpractice claim is not necessarily against your doctor or only against the doctor. A nurse can commit malpractice. The hospital itself or manufacturers of medical products could be liable. Or all of the above. It’s not about a scattergun approach. It’s about identifying the medical professionals or entities who contributed to your family’s tragedy and holding them accountable.
According to a recent survey of doctors by Medscape, it’s rare (just 12 percent of the time) that the treating physician or surgeon is the only party named in a lawsuit. More often, there are multiple parties involved, each with their own roles (and defenses). Who else might you end up suing for malpractice, besides the primary care doctor or specialist?
Passing the buck and playing dumb
Traditionally, doctors are independent contractors, unlike nurses and techs who are employees. From a legal standpoint, the hospital is not necessarily responsible for the doctor’s conduct, and vice versa. This sometimes creates a black hole of accountability in which medical providers try to deflect blame or throw each under the bus. All of which is very frustrating if you or a family member were seriously harmed by medical negligence.
The genesis of most medical malpractice lawsuits is not a quest for a payoff but a search for answers. How did this happen? Did someone screw up? Why are we getting the runaround? We just want to know the truth. Eventually you seek a lawyer when it becomes clear that providers are more interested in covering their tracks and dodging a lawsuit.
Holding the right people responsible
An experienced medical malpractice attorney will know how to obtain and interpret the medical records and other evidence of a medical error or lapse in protocol. That attorney will be able to identify ALL of the liable parties in your case – individual doctors and nurses, as well as corporate entities — and present a case that will pass muster with the M.D. who must certify your lawsuit.
Don’t give up in your search for answers and justice. Find the right law firm.