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Suing the Hospital vs. Suing the Doctor in Medical Malpractice Cases

Posted on by in Medical Malpractice


In Miami, medical malpractice can still be a terrifying reality for a lot of patients, despite the fact that today we have more advanced medicine due to the progress of technology.

The doctors, surgeons, nurses, and physicians are human, and this sometimes means that mistakes and errors can happen.

When a hospital makes an error that rises to the rank of negligence, the patient has the legal right to receive compensation for his injuries.

For that, he has to take a series of steps, most important of which are determining whether the hospital or an independent contractor is to blame and then filing the actual claim.

Miami Emergency Room Malpractice and Misdiagnosis

The hospital is often found guilty for a doctor's or other medical staff's malpractice in the ER, but if we are talking about a non-emergency situation, if the doctor is not the hospital's employee and the patient knew that aspect, the hospital is not at all responsible for that doctor's negligence.

Just because an error occurred at the hospital, it does not necessarily mean that the hospital itself can be held responsible. If your case is based on the care you received from an individual doctor who also happens to be an independent contractor (and not the hospital's employee), you have to pursue actions against that person himself. These types of cases can prove to be difficult, as doctors can go bankrupt and eventually move to a different state.

However, if the medical malpractice situation did occur in the ER, you may have a stronger case, because the hospital made the mistake through its representatives.

We all know that Emergency Rooms can be quite chaotic places and mistakes are bound to happen. In order to have an actual chance of winning a medical malpractice case based on mistakes or negligence that occurred in the ER, one must prove that a doctor-patient relationship did exist, that the ER treatment involved a negligent act and that personal injury followed that negligence.

For example, if a person walks into the Emergency Room with clear symptoms of a stroke, but is sent home with just some painkillers and later indeed suffers a stroke, and he is left paralyzed on one side or has other types of injuries, that would be considered a valid case of medical malpractice. Common errors in the ER overall include overlooking obvious symptoms of distress, failure in noticing the signs of heart attack or stroke, misdiagnosis of various medical conditions, errors in prescribing or administering medication or even failure in transmitting critical information to the following shift.

Need A Medical Malpractice Lawyer In Miami? Contact Us

A medical malpractice case is certainly not the type of legal action you would want to handle on your own, as things can get really complicated.

At The Law Offices Of Sean M. Cleary, we provide straight, honest and professional legal counseling.

Call 305.416.9805 for a free initial case evaluation if you have any questions regarding medical malpractice claims, including ER negligence. We are here to help.

For questions and free legal advice to help individuals please call us

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.