At Medical Malpractice Help, we can provide more information on liable parties and medical malpractice law. We offer free case evaluations to victims of medical negligence. Call us at 855-633-2757 today to get started.
What Makes Someone the Liable Party in a Medical Malpractice Case?
Possible liable parties in medical malpractice cases include doctors, nurses, and other healthcare professionals. Even hospitals and medical facilities could be vicariously liable for employee’s negligent actions.
Anyone can be liable for medical malpractice if four conditions are met:
- The party had a duty of care to the plaintiff.
- They breached that duty of care.
- The plaintiff suffered injury due to the breach of duty.
- The plaintiff’s injury caused them to incur damages.
Before you can file for medical malpractice, you need to build a case that proves these four conditions were present in your case. If you have a valid case against the liable party, our attorneys can help you obtain evidence to show malpractice occurred.
How Do I Establish a Duty of Care?
All liable parties in medical malpractice cases have a duty of care to the plaintiff. In other words, the party owed the plaintiff a certain professional standard of care.
An established doctor-patient relationship automatically implies a duty of care. This relationship also applies to anyone in the doctor’s employ, including nurses, nurse practitioners, and physicians’ assistants.
What Qualifies as a Breach of Duty?
A breach of duty occurs when a healthcare provider fails to provide an acceptable standard of care. Determining whether a provider’s level of care was acceptable can be subjective. This is where medical malpractice cases are often won and lost.
We can use the “reasonable person” standard to determine if the liable party in your case breached their duty of care. The standard states that if a reasonable person—possessing the same education and training and faced with the same situation—would have acted differently or provided a higher level of care, then the provider breached their duty.
How Do I Prove My Injuries?
A provider does not become liable for medical malpractice based on a breach of duty alone. The plaintiff must show they suffered an injury as a result of the breach. Linking injuries to a provider’s negligence means the plaintiff must show evidence of a cause-and-effect relationship.
This evidence may include:
- Statements from other doctors.
- Expert witness testimony.
- Photo and video evidence.
- The defendant’s own statements.
How Do I Document My Economic and Non-Economic Damages?
The plaintiff has to show that their injuries caused economic or non-economic damages.
Economic damages refer to those involving actual financial losses. For instance, medical bills, missed work, and reduced earning capacity are all economic damages.
Non-economic damages describe losses that cannot be quantified or assigned dollar values, such as pain and suffering, emotional anguish, and loss of enjoyment of life.
How Can I Get Answers to My Other Medical Malpractice Questions?
At Medical Malpractice Help, we focus on this area of law. Our medical malpractice lawyers help injured patients fight for the fair compensation they deserve. To schedule a free case evaluation with one of our attorneys, call our office today at 855-633-2757.
Liable Parties - Frequently Asked Questions
A cancer diagnosis ranks among the most feared pieces of news a person can receive. Unfortunately, more than a million Americans receive such news every year. In 2016 alone, more than 1.6 million Americans were diagnosed with cancer, and an estimated 600,000 died from the disease. In a twist of irony, given how a cancerRead More
Most medical malpractice cases settle out of court. In many situations, reaching an out-of-court settlement benefits both the defendant and the plaintiff. The plaintiff gets paid faster without having to wait for their case to travel through the legal system. The defendant might also benefit from settling. By settling, a doctor or healthcare provider avoidsRead More
Liable Parties - News Articles
On March 28, 2011, 17-year old Jennifer Olenick underwent a routine wisdom tooth extraction procedure. While that sounds typical and seemingly ordinary, Jennifer wound up entering a coma and dying ten days later. According to the Baltimore Sun, “[a]n autopsy report showed she died because of a lack of oxygen to her brain during surgery.”Read More
Last month, two separate Washington State families filed malpractice lawsuits against Laura Hamilton, who each had hired as their midwife. According to the lawsuit filed by Kylie Frost and Zachariah Sprague, the alleged negligence of Hamilton led to the death of their child. The second family, Scott and Seng Hamilton, who are distant cousins ofRead More