Responsible Parties In Medical Malpractice Actions
Sometimes the root of your medical malpractice case is not a medical doctor, but another practitioner such as a nurse, dentist, or even the hospital or care home itself. Although surgeons are often the most discussed in the news when it comes to medical malpractice, other health care professionals can be responsible for medical malpractice as well. Lesser-known practitioners who can be held accountable include:
- Alternative medicine providers
- Physician assistants
- Nurses and nurse practitioners
- Health care facilities
All these parties have a certain duty of care to their patients and can be held liable when those duties are neglected. Everyone should be able to expect an acceptable standard of care, and when that is not carried out, a malpractice case can be pursued. Contact a lawyer today to discuss your options by calling (312) 781-1977 to learn more.
Hospitals And Other Care Facilities
Holding a hospital, nursing home, or other care facilities responsible for your injuries can include two levels of liability. A facility can be held directly and vicariously liable, depending on the circumstances of your injury. Direct liability is when the facility itself is responsible. Examples include hiring staff members without proper vetting and not maintaining an adequate staff level for the number of patients the facility takes in. If an employee of the hospital does not follow a physician’s orders or if plans are called into question, but not addressed, this can also be grounds for direct facility liability. Other examples include:
- Failure to perform necessary clinical tests
- Not properly admitting or discharging patients
- Inaccurate medical records
- Refusing care
Alternatively, a facility can be held “vicariously” liable for your injuries if the practitioner in question was working under the auspices of the facility at the time of the incident. Often, facilities are included in a medical malpractice case in addition to the individual practitioner to ensure that the injured party receives just and adequate compensation. This is possible only if the negligent party is an employee of the facility, rather than an independent contractor.