Medical malpractice

Suing Multiple Parties for Medical Malpractice

February 2, 2016 by James McHugh, Jr.
Suing Multiple Parties for Medical Malpractice

Because of the large number of liability issues that are often a part of medical malpractice cases, as well as their complexity, it is not unusual to find yourself suing multiple parties for medical malpractice. The circumstances surrounding the injuries will often determine which parties are responsible. For example, if an injury occurred because of a surgeon’s negligence, but a nurse who was charged with monitoring the patient failed to do so, it’s possible that both may be held liable for the injuries, depending on the circumstances.

In many cases, the employer of the medical professional may play a role in determining liability. If a negligent doctor was a direct employee of the hospital, both the doctor and the hospital may be named along with the doctor. If it can be shown that the hospital had a duty and responsibility to supervise the doctor and had failed in that duty, or it failed to inform the patient that the doctor was not employed by them, there may possibly be some liability there. The same may be true if it can be shown that the hospital knowingly allowed an incompetent medical professional to practice there.

Joint and Several Liability

Whenever multiple parties may be negligent in a medical malpractice case, such as a doctor and an anesthesiologist or the hospital itself, the legal doctrine of joint and several liability will often come into play when suing multiple parties for medical malpractice. Severable liability comes into play when multiple elements of responsibility led to the injury, and that both may have had an impact. If the doctor did something wrong during an operation and the hospital knew he was not skilled enough to handle it, both parties may be responsible. Those are two separate negligence actions, with both leading to the end result, which is the injury.

Joint liability is liability that is shared by multiple defendants, such as two doctors who agree to perform an operation a certain way, but it turns out to be the wrong way. Both have acted together, in common, in a way that led to the injury and they will usually be found jointly liable for the result of their actions. Joint and several liability is actually a combination of the two, and says that liability may be apportioned at the injured plaintiff’s discretion, based on the facts of the case.

Suing Multiple Parties for Medical Malpractice

The main thing to understand is that, in a medical malpractice case, it is not always easy to determine who is liable for injuries. There are often questions regarding who is responsible for what when it comes to patient care, as well as who is responsible for supervision of the various parties. That’s why it is important to hire a qualified and highly experienced Medical Malpractice Attorney to help you build your case. The attorney can look at all of the facts and the medical records and determine who is responsible for your injuries and represent you against the insurance companies, who will all try to minimize their clients’ payout. If you think you have a case, call Lopez McHugh LLP today and have one of our knowledgeable medical malpractice attorneys review the facts.

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