In medical malpractice cases, it is usually the attending physician who should be sued, as they are usually independent contractors and not hospital employees. Other medical practitioners, lab technicians etc. can also be sued if they contributed to the injury.
In most medical malpractice cases, it is the physician who attended the patient who should be sued for misdiagnosis or wrong treatment. There are also cases where other medical practitioners who handled the case may be sued for the harm they contributed to the patient. These include lab technicians who performed the test, nurses and other specialists involved in the case.
It is unusual to have hospitals involved in heart attack malpractice cases. This is because cases are normally handled by doctors who are independent contractors. Additionally, a hospital cannot be held responsible for a misdiagnosis error done by a physician.
To successfully claim damages for a medical malpractice case, the plaintiff must prove that the wrong diagnosis made by the doctor harmed the patient. Such harm may include failure to diagnose the medical case in time, resulting in other invasive or aggressive procedures that would have been avoided.
It can also include the additional patient cost of treatment for failing to arrest the case in time. Another possible harm would derive from conducting a medical procedure that is unrelated to a heart attack case.