Coronavirus (COVID-19) Update: We are fully operational and remote, we are available over the phone 8am-5pm Monday-Friday, available over email and able to provide services to our existing and future clients. More FAQs »

Mon-Fri 8AM-5PM
English or Spanish

305.416.9805

Who Is Liable In a Heart Attack Medical Malpractice Case?

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.

Several parties can play a role in causing you harm due to medical negligence. Nevertheless, a medical malpractice lawsuit should be carefully targeted to reflect the facts of what actually happened to you.

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 tests, 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 derive from, without being limited to:

  • failure to diagnose the medical case in time, resulting in other invasive or aggressive procedures that would have been avoided
  • additional patient cost of treatment for failing to arrest the case in time
  • conducting a medical procedure that is unrelated to a heart attack case.

Every medical malpractice case depends on evidence, such as medical records and expert testimonies. Understanding the legal framework can be tricky and luckily an experienced lawyer can carefully explore your situation before any legal action is taken. Contact us at The Law Offices of Sean M. Cleary for an on-point assessment of your case.

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

305.416.9805
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.