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In a stroke malpractice case, the hospital is rarely liable, as doctors are usually independent practitioners. Medical malpractice claims should be made against the attending doctor or other attending medical staff, by showing that the defendant’s actions caused injury to the patient.
In most medical malpractice cases, it's the medical practitioner who attended to the patient who is responsible for misdiagnosis or wrong treatment. There are also cases where the medical staff that attended the case is responsible: the technicians who worked at the lab, nurses, and different specialists.
It is uncommon to sue hospitals in stroke malpractice cases, as the doctors are not hired with a contract by the hospital. Therefore, a hospital can't be blamed for a misdiagnosis error made by a medical practitioner.
To successfully claim damages for a medical malpractice case, the plaintiff should prove that the incorrect diagnosing caused injuries. This includes failing to diagnose the medical case in time, leading to different invasive or aggressive procedures that might have been avoided. Damages may include the sums a patient lost due to the doctor’s negligence.
If you are a Miami resident who suffered a stroke due to medical negligence call The Law Offices of Sean M. Cleary today.