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 common to find yourself suing multiple parties for medical malpractice. These are complex cases requiring a clear demonstration of joint and several liability against each party according to their measure of fault.

In this post, we discuss what helps you get a fair result when suing multiple parties for medical malpractice.

The First Step Is Identifying Who Is to Blame for Your Harm

Your medical malpractice lawyer will review the facts of your injury to figure out who is responsible. They will gather important evidence, like your medical records, witness statements, and opinions from other doctors about the malpractice. This helps show who is at fault and by how much.

For example, your injury may have happened because your surgeon made a mistake, and the nurse did not watch you as they should have. In that case, both could be held responsible, depending on the facts. Your lawyer may also find that the hospital and its leaders share some of the blame.

To hold them responsible, your lawyer must show that the hospital had a duty to supervise the doctor and failed to do so. This could happen if the hospital or its leaders allowed an unqualified medical professional to keep working there.

It is common to find yourself suing multiple parties for medical malpractice.

How Joint and Several Liability Works Against Multiple Parties in Pennsylvania

Under joint and several liability, each person who was careless can be held responsible for all the money owed to the injured person. Several liability may apply if a doctor makes a mistake during surgery and the hospital knew the doctor was not skilled enough. Your lawyer can hold both responsible for different mistakes that caused your injury.

Joint liability applies when, for example, two doctors agree on how to perform surgery, but that method causes harm. Both acted together in a way that led to the injury, so they are usually both responsible for the result.

Joint and several liability applies when more than one person is at fault in a medical malpractice case, such as a doctor, an anesthesiologist, or a hospital. The facts of the case decide how fault is shared. In Pennsylvania, the Fair Share Act says a defendant only pays their share if it is under 60% of the total fault.

Each person who was careless can be held responsible for all the money owed to the injured person.

The Fair Share Act and Recent Changes That Could Affect Your Medical Malpractice Case

Before 2011, Pennsylvania used joint and several liability, which meant all defendants could be responsible for the full amount of a judgment, no matter their share of fault. The Fair Share Act changed this so each party usually pays only their share if it is under 60% of the fault.

Later, in Spencer v. Johnson (2021), the Pennsylvania Superior Court ruled that the fault of related defendants, like an employee and employer, can be combined. If their total fault is 60% or more, they may be held responsible for the full award.

This may apply in a medical malpractice case if both a surgeon and the hospital together are found to be 60% or more at fault. In that case, they could be responsible for all of your losses.

Joint liability may also apply if a defendant lies about important facts or commits fraud before a procedure. It can also apply when a medical provider intentionally causes harm or acts in a reckless way under Pennsylvania law.

Pennsylvania’s Comparative Negligence Statute Can Make Your Case More Difficult

Under 42 Pa.C.S. § 7102(a), you can only get compensation from others if you are less than 51% at fault for your injuries. In medical malpractice cases, the defendants may say you helped cause your own harm. This can reduce their share of fault and lower your settlement. They may point to actions such as:

• You didn’t follow their orders for wound care after surgery.
• You failed to keep your follow-up appointments.
• You didn’t take the medicines prescribed to help your condition.
• You engaged in activities you were warned against that could worsen your condition.
• You didn’t tell the truth about your medical condition or the cause of your injury, leading them to make an uninformed choice about treating you.

It is important to be honest with your lawyer about what you did or did not do about your injuries. Hospitals, doctors, and their insurance companies will hire lawyers to look closely at everything to try to lower or deny your claim. You should hire a skilled lawyer who can build a strong case and protect you from unfair claims by the other side.

The Process of Suing Multiple Parties for Medical Malpractice

Medical malpractice cases are more difficult than other injury cases and need more paperwork and extra steps. Before you file a lawsuit, you must submit a Certificate of Merit. This includes your claim details and signed statements from medical experts in the same field as the defendant, saying they think malpractice may have happened.

Your medical malpractice lawyer will also engage in discovery to collect records, witness statements, photos, videos, and other evidence to identify who is at fault. They use this information to show how much fault each party has. Your lawyer will discuss these fault percentages with the other side and try to reach a fair settlement. If no agreement is reached, the case goes to trial.

Your lawyer may keep trying to settle, especially if the evidence is strong. Insurance companies often prefer to settle rather than go before a jury, and doctors may want to protect their reputation. By showing that each defendant had a duty to care for you and failed to do so, your lawyer can prove negligence for each party based on their actions.

Insurance companies often prefer to settle rather than go before a jury, and doctors may want to protect their reputation.

Your Medical Malpractice Attorney Must Stay Up to Date on Legal Changes in Pennsylvania

Pennsylvania law changes often, so it is important to choose a law firm that understands how updates may affect your case. In 2023, the Pennsylvania Supreme Court changed Rule 1006, allowing plaintiffs to choose where to file their case, which may lead to more favorable outcomes.

Medical groups have opposed this change because it can move cases to areas that are less favorable to doctors. Because of this, future court decisions could still change how these rules are applied.

Without an experienced medical malpractice lawyer who stays current on the law, your case could be harmed by outdated legal strategies or misunderstandings of Pennsylvania rules.

Entrust Your Claim to Skilled and Compassionate Medical Malpractice Attorneys

In a medical malpractice case, it is not always easy to know who is responsible for your injuries. There are often questions about who did what in your care and who was supposed to supervise them. Without an experienced lawyer, you could miss important facts or even be blamed for part of the harm.

Medical malpractice cases with multiple parties are like handling several cases at once. Each defendant will try to limit how much they pay and may try to blame you instead. You need a skilled legal team that treats your case with care and also fights strong against large organizations.

Your law firm can review the facts and medical records to decide who is responsible for your injuries. They can work to reach a fair settlement and hold each party accountable based on their level of fault to recover compensation for your medical bills, lost income, and pain and suffering.

Lopez McHugh Is Ready to Stand Up for You

At Lopez McHugh LLP, we help people in Pennsylvania who are being pressured by medical malpractice insurance companies to accept less money than they deserve. We answer your questions in a free consultation with an experienced medical malpractice attorney. If we take your case, you do not pay us unless we win compensation for you.

Medical malpractice can include giving the wrong medicine or causing a birth injury that changes a child’s life. You do not have to handle your case alone—contact us today to review your claim.