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While medical malpractice has generally become associated with wrongdoing on the doctor’s part, that doesn’t always have to be case. Sometimes it is a nurse, or the hospital, or even the pharmaceutical company that is to blame, and that should thus bear the consequences of your lawsuit.
Suing The Hospital
There are medical malpractice cases in which it is most appropriate to sue the hospital for the negligent actions expressed by their staff. Among the hospital’s employees you will nurses, doctors, assistants, and practitioners, all of whom were selected by the hospital after extensive background checks in regards to their credentials.
However, if the hospital failed to look into these credentials, and the staff member then proceeds to neglect a patient’s care, resulting in an injury, then the hospital can and should be held accountable through a lawsuit. Equally so, if the hospital hires an unlicensed physician, they themselves will have expressed negligence towards their patients and can be sued for it. Further scenarios in which the hospital may be held liable for a medical malpractice case:
• insufficient number of staff members to provide care to all patients
• staff members who neglect to follow the instructions of a patient’s personal physician
• neglect in questioning a patient’s dubious treatment plan provided by their private physician
• neglectful behavior expressed by a hospital staff member
Exceptions For Independent Contractors
There are cases in which a physician is not a member of the hospital staff, but rather an independent contractor. In such cases, the hospital does not carry liability for the physician’s actions. However, even then there are exceptions for situations in which the contractor was hired to operate an outpatient facility or an emergency room.
Liability of A Pharmaceutical Company
Pharmaceutical companies can sometimes be held liable for injuries caused by a drug. However, this is only the case when the company neglected to inform the hospital staff of the drug’s side effects or other dangers. If they have raised the staff’s awareness, then it will be upon the doctor to pass the warnings on to the patients, and all liability will be lifted off the pharmaceutical company’s shoulders.
How A Medical Malpractice Lawyer Can Help
If you are unsure about whether or not you have a medical malpractice case on your hands, then you should contact a Personal Injury Lawyer in Stouffville for a free consultation. Most of the lawyers that handle medical malpractice are conversant with the processes of filing a claim and can be of assistance. They will look at every aspect of the case before they agree to represent your rights.