The Cassidy Law Firm Blog

Thursday, July 16, 2020

Who Can Be Held Liable for Medical Malpractice?

If you have suffered as the result of negligent medical care, you may be entitled to recover compensation for the damages you have incurred through a medical malpractice claim. Medical malpractice has layered complexities and there are several important hurdles that must be overcome to bring a successful claim. One such central barrier is determining who can be held liable for the harm you have suffered. Answers regarding liability are reached through an analysis as to whose negligence caused your injuries. A medical provider is deemed negligent when his or her conduct falls below the accepted standard of care. The standard of care is measured against how a similarly situated medical professional would have acted under comparable circumstances. There are many parties who may be held legally responsible for medical malpractice. In fact, there may be multiple parties held liable in a single medical malpractice lawsuit.

Who Can Be Held Liable for Medical Malpractice?

There are many different individuals and entities that may be implicated as far as being held liable for medical malpractice. Physicians, of course, are commonly held responsible in these types of claims. Primary care physicians will often be found liable for medical malpractice in situations where the patient was improperly diagnosed or failed to prescribe the wrong type of dosage of medication. Any of these errors can have significant impacts on the health and well-being of a patient. Prescription medication errors can cause serious, even fatal, consequences. Diagnostic errors can have similarly grim impacts on a patient. Mistakes relating to diagnosis can cause critical delays in a patient receiving proper treatment and lead to irreparable harm.

General practitioners and primary care doctors are not the only ones that can be held accountable for medical malpractice. Specialists may also bear responsibility if they provided negligent medical care to a patient and the patient was injured as a result. In fact, while primary care physicians may be held liable for medical malpractice involving a diagnostic error, there may be other parties held responsible for the error should their negligent actions have directly led to the diagnostic error. For instance, if a radiologist failed to properly administer a diagnostic test and that led to the doctor making an error in diagnosing a patient, the radiologist may be liable for the resulting harm.

Nurses are also commonly held liable in medical malpractice cases. Nurses play a crucial role in patient care. They are responsible for things such as monitoring patients after surgical procedures. This involves keeping a watchful eye on vital signs and how the patient is responding after the surgery. Failure to exercise due care in these types of undertakings risks the life and well-being of a patient.

Individuals are not the only parties that may be held liable for medical malpractice. Hospitals are also commonly the subjects of medical malpractice claims. Sometimes, the negligence involved in medical malpractice is not due to the negligence of an individual. Instead, it is more systemic. Hospitals may be held liable for medical malpractice due to errors in communication or failures in properly coordinating staff so that patients receive the care they need. Hospitals may also face liability if they failed to properly train medical staff and that led to a patient suffering. A hospital failing to maintain clean and sanitary conditions may also expose a hospital to medical malpractice liability.

New Jersey Medical Malpractice Attorneys

Far too many people suffer due to negligent medical care. If you have been the victim of substandard medical care, The Cassidy Law Firm is here to fight for you. We tirelessly advocate on behalf of our injured clients because they deserve proper compensation for the harm they have endured. Contact us today.

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