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:
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.