Liable Parties

Liable Parties The liable party in a medical malpractice case could be a doctor, nurse, surgeon, or even a business.

In medical malpractice law, a liable party is a person, business, or other entity responsible for the plaintiff’s damages. This party is financially liable for the expenses the plaintiff incurred.

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:

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:

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

Are There Any Limits To What You Can Say In A Medical Malpractice Case?
30 jan
Are There Any Limits To What You Can Say In A Medical Malpractice Case?

You should not say anything to the doctor or the insurance company that can be used against you. The defendant in your case could take things you say and twist them into something you did not really mean. The lawyers at Medical Malpractice Help can help you understand the limits to what you can say

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How to File for Medical Malpractice?
29 mar
How to File for Medical Malpractice?

If you suffered injuries or became sick due to negligent or improper conduct by a medical professional, you might have grounds for a medical malpractice suit. It is essential to follow the right steps in filing your claim or lawsuit. Any missteps along the way have the potential to undermine your chances of getting the damages you

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Liable Parties - News Articles

Illinois Judge Orders University of Chicago Medical Center Pay Family $52,050,000
19 jul
Illinois Judge Orders University of Chicago Medical Center Pay Family $52,050,000

Illinois Judge Orders University of Chicago Medical Center Pay Family $52,050,000 Lisa Ewing was 40 weeks pregnant in 2004 when she noticed that her baby was not moving nearly as much as he had been. Upon the discovery she immediately went to the University of Chicago Medical Center to be evaluated. But according to a

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Massachusetts Jury Finds Doctor Breached Standard of Care Leading to Woman’s Death; Family Awarded $4,000,000
27 oct
Massachusetts Jury Finds Doctor Breached Standard of Care Leading to Woman’s Death; Family Awarded $4,000,000

At the end of 2007, Marie Gabriel-Gelin found out that she was pregnant with her fourth child. Gabriel-Gelin, 36 at the time, and her doctors at South Shore Hospital in Weymouth, MA decided that a cesarean section was the best option for a safe delivery. However, during her pregnancy she became anemic, making a cesarean

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