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 800-916-7333 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 800-916-7333.
Liable Parties - Frequently Asked Questions
When a doctor performs a procedure on a patient without his or her informed consent, it could constitute medical malpractice. For the consent to be “informed,” the patient must know and understand all the critical details about the treatment, including the known risks. If the health care professional does not disclose this information, that failureRead More
If you are facing mounting medical bills because of an injury or illness caused by medical malpractice, your best option is to file a lawsuit against the responsible party or parties. You have a good chance of winning a judgment or settlement that includes money for your current and future medical bills, plus compensation forRead More
Liable Parties - News Articles
On April 9, 2008 Monica Broughton consented to her doctor’s recommendation that they induce labor. Broughton had just learned that she had developed diabetes during her pregnancy. She had also recently been told that her unborn son’s shoulder was stuck behind her pelvis. She never considered an alternative, especially because, according to the lawsuit, WongRead More
It was September 2013 when Miguel Diaz and his wife, Esther Diaz, sat in the waiting room at one of the health clinics run by Leon Medical Centers in South Florida. Miguel Diaz still had postoperative bandages covering his right eye following his cataract surgery a few days earlier. Diaz was excited, but nervous forRead More