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Who is Liable for Medical Malpractice?

On Behalf of | Sep 14, 2016 | Medical Malpractice

Medical malpractice can be complicated. When most people think of suing for medical malpractice, they think mostly of suing the doctor. However, doctors are not the only medical professionals who can be sued for malpractice. In order to understand who can be sued for medical malpractice, it is important to understand what medical malpractice is.

Medical malpractice happens when a patient is injured by a medical professional who failed to perform medical duties competently. This means that when a medical professional acts differently from how another medical professional would have acted in the same situation, he may be liable for medical malpractice. But, it is important to know that not every deviation is medical malpractice.

Doctors can be held liable for medical malpractice. Doctors are medical professionals who can fail to perform their duties competently. To bring a claim against the doctor, the patient will have to prove that a doctor-patient relationship existed. The patient will also have to prove that the doctor was negligent and that the doctor’s negligence is what caused the injury. As previously stated, this can be done by showing how another doctor would have acted in the same situation. And, the patient must have suffered damages. If there are no damages, there is no medical malpractice claim.

Nurses, as medical professionals, can also be sued for medical malpractice. A nurse can be liable for medical malpractice if she acted in a way that another nurse would not have acted in the same situation. Again, there has to be negligence. A nurse can also be liable for medical malpractice if she had a duty to take action but did not do so. She may also be liable for medical malpractice for misusing medical equipment or not giving proper medication.

Sometimes hospitals are included in medical malpractice lawsuits as well. While a hospital is not a medical professional, it is sometimes the employer of the doctor or the nurse. This can mean that the hospital is partly liable for the medical malpractice.

If you or someone you know is interested in more information on medical malpractice, please contact Ms. Crossan at Bouchillon-Crossanlaw.com. Ms. Crossan practices in this area of law. Her office is located in Huntington, West Virginia.