When we hear of medical malpractice, we often think of botched surgeries or wrongly prescribed medication, but in reality, medical malpractice spans much wider than that. Be it a biased diagnosis, a denied treatment, a woefully untrained nurse, or any other abnormal, unacceptable display of behavior in the medical field, all of these and more can be used as a basis to build a medical malpractice case upon, as long as it ended with harm being inflicted upon a patient.
However, it can be difficult to determine who exactly is legally responsible for the injuries inflicted upon the patient. In the vast majority of cases, it is the breach of a duty of care that leads to the injuries, but finding the legally liable party is still not always a clear-cut matter.
Finding The Liable Party In A Medical Malpractice Case
As already established, not only doctors can be held liable in a medical malpractice case. Any form of medical provider can breach their duty of care which can lead to a patient being harmed in some way. Responsible parties can be:
• Doctors, in cases in which their breach of duty was in violation of the accepted standards of medical practices.
• Hospitals, in cases in which they hired practitioners with inadequate training, or otherwise supplied their patients with substandard level of care.
• Additional medical staff, including nurses, in cases in which their actions contributed or worsened the injuries of the patient.
It should be noted that, in cases in which the hospital is held liable, the basis of this often lies in the theory of respondeat superior. According to this theory, the superior of an employee may be held liable for their employee’s acts of negligence if said employee was still acting within what is determined to be their scope of employment.
If respondeat superior is applicable, the employer may need to pay damages to the plaintiff. On rare occasions, they may also need to pay punitive damages. If you have a personal injury lawyer in Chatham, they can help you with the whole claim and help you get the damages.
How To Build A Successful Medical Malpractice Case
First, you as the plaintiff will need to provide proof of your inflicted injuries. The best way to do this is by hiring an expert witness who is willing to testify that your injuries stem from your healthcare provider’s neglectful actions, or lack of action. The best way to find such an expert witness is by working together with an experienced lawyer.