Medical malpractice is an idea that’s not limited to a doctor’s conduct; it also applies to hospitals, drug makers, anesthesiologists and nurses. The goal of a malpractice suit is to prove fault by a medical practitioner, but sometimes other entities are also liable. Here, clients can learn who can be sued in such a case.
A hospital can be a public or a private corporation, and it can be held solely liable for negligence. Medical centers can also face accusations of vicarious liability for employees’ negligent actions. In vicarious liability cases a party can be held liable for someone else’s negligent acts. Medical staff consists of doctors, assistants and nurses, and hospitals must make a reasonable inquiry into a professionals licensing, training and education. If the hospital fails to do so, medical malpractice attorneys can hold it liable under the doctrine of corporate negligence.
Vicarious Liability Cases
When a hospital worker’s actions cause harm to a patient, hospitals can be held liable under the respondeat superior doctrine. Here, an employer can be held liable for an employee’s negligence, if the person was acting within the duties of their job. The above doctrine is important in medical malpractice cases because it ensures that someone will compensate the plaintiff.
In some cases physicians are regarded as independent contractors rather than employees, and the respondeat superior doctrine isn’t applied. Simply put, if a physician works as a contractor and commits a negligent act the hospital can’t be held liable. However, hospitals can be held directly or vicariously liable for the acts of contractors hired to run outpatient clinics or Ers.
In some circumstances drug makers can be held liable if a drug caused injuries and the company failed to warn doctors of the drug’s risks. Pharmaceutical companies owe a duty to doctors, and generally aren’t liable for patient injuries as long as adequate warnings are provided. Drug makers only owe consumers the duty of ensuring that a drug is reasonably safe if it’s used as the labelling intends.
If a person has a medical malpractice claim but isn’t sure whom to hold liable, Lawrz.com can help them get answers to their questions. Medical malpractice attorneys can evaluate a case’s strengths and weaknesses, and they can advise clients as to who can be sued.
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