I Was Injured by a Doctor. Who do I Sue for Medical Malpractice?
Hospitals Are Liable for Employee Actions
A hospital can be sued when their employee does not exercise reasonable care when treating a patient or was doing something job related and it results in a patient injury.
Who are Hospital Employees?
In most cases nurses, paramedics and medical technicians are direct hospital employees.
Isn’t the Doctor a Hospital Employee?
Actually, typically doctors are not hospital employees; they are contracted workers and would be sued directly if they committed medical malpractice. One way to know that a doctor is not a hospital employee is that they send a separate bill for their services.
Note that although it creates a gray area, if a hospital employee acts negligently under the guidance of a doctor, the patient could sue the doctor while the hospital remains untouchable.
You can tell if an employee is under a doctor’s supervision because the doctor was present when the employee committed the malpractice and the doctor could have prevented the malpractice by noticing the employee’s error.
When is a Doctor a Hospital Employee?
The doctor’s relationship with the hospital will give clues as to whether he is an employee or an independent contractor. A doctor who is a direct employee would likely have their hours, fees and vacation time set by the hospital.
Is a Hospital ever Responsible for a Non-Employee Doctor’s Negligence?
If you are hitting a dead end, you may wish to retain the services of a medical malpractice attorney to determine if your case warrants an exception. In some cases, a hospital can be held responsible for a non-employee doctor’s actions.
The Doctor Appeared to be a Hospital Employee
Hospitals typically state that doctors are not hospital employees in your admissions paperwork. Once you’ve signed in, you are stating your understanding that the doctor is a contract employee solely responsible for his actions. In the case of emergency rooms visits where paperwork is not signed before care is given, the hospital is often held liable for medical negligence. In a few states, a hospital can be sued for emergency room malpractice regardless of whether the patient understood that the doctor was a contracted employee.
An Incompetent Doctor is Retained
In many states, a hospital can be held liable for medical malpractice if it retains the services of an incompetent doctor. The hospital can also be responsible if they should have known that a doctor has become incompetent, for example, because they have become an alcoholic.
Medical Malpractice law is complicated and varies from state to state. It is advisable to seek legal advice and representation from a medical malpractice attorney in your area. If you or a loved one were injured or died while receiving care at a hospital you may be able to receive damages. If you think you have a legitimate legal claim for your injuries, you should setup an appointment to discuss your case with the experienced medical malpractice lawyers at Tario & Associates, P.S.
Read MoreMy Infant Sustained a Birth Injury. Do I have a Legal Case for Medical Malpractice?
It is every parent’s worst nightmare: your child is born with a birth defect or experiences a birth injury during delivery. Some birth injuries are caused by negligent actions by a physician or obstetrician before or during birth and can cause permanent disability leading to lifelong care.
In the U.S., it is estimated that 5 out of every 1,000 births incur a birth injury. If the infant was injured in a preventable situation, the child’s parents may be entitled to damages for medical bills, lost wages, loss of future earning capacity, general pain and suffering and emotional distress. If you believe your doctor, hospital or others acted negligently and caused a birthing injury, please contact a medical malpractice attorney today for legal consultation and potential representation.
Birth Injuries vs. Birth Defects
According to the Center for Disease Control, birth defects are the leading cause of infant death and other serious infant health conditions in the United States. It can be very difficult to decipher whether a complication during delivery caused a birth injury or the infant was born with a birth defect. Many birth defects are unavoidable or were caused by other factors such as alcohol or drug use during pregnancy, prescribed medications, or exposure to toxic chemicals. Birth defects can range from minor to life altering. A birth injury is caused during labor and birth; a birth defect was formed before labor. If you believe your infant suffered a birth defect as a result of exposure to toxic chemicals, prescription medication or another external factor, you may be entitled to compensation. Please contact a personal injury attorney today for full legal consultation.
Do You Have a Legal Claim against a Birthing Injury?
If your physician used mechanical forces such as stretching, pulling or pressure during delivery, there is a possibility that your baby’s oxygen supply was cut off and caused brain damage. Your physician may also be liable for damages for not taking appropriate actions to monitor, diagnose, assess or otherwise respond to symptoms or conditions presented during your pregnancy or labor thus contributing to a birth injury.
Common Types of Birth Injuries
A Brachial Plexus (Erb’s Palsy)
A Brachial Plexus injury is paralysis of the arm due to damage of the upper group of the arm’s main nerves, the C5-C6. This damage is commonly caused by a side-pulling of the infant’s neck or head while the shoulders pass through the birth canal during an abnormal or difficult childbirth or labor. The condition can also be caused by aggressive pulling on the shoulders during a head-first delivery or by pressure on the raised arms during a breech (feet first) delivery.
Cortical Blindness
Cortical Blindness is the total or partial loss of vision in an otherwise normal-looking eye caused by damage to the brain’s occipital cortex. The most common cause of cortical blindness is ischemia (oxygen deprivation) to the occipital lobes sometimes caused by birth injuries.
Cerebral Palsy
Cerebral Palsy is a condition characterized by, but not limited to, abnormal muscle tone and/or coordination, impaired motor function, speech disorders, epilepsy, seizures and learning disorders or disabilities which may be caused by birth trauma.
In order to successfully acquire birthing injury related damages from your doctor, hospital or other medical staff, you will need to prove their negligence. A medical malpractice attorney is there to help you prove your case, starting with the particulars of your circumstance and consulting other medical experts who will show what level of care is considered reasonable and how the birth injury could have been avoided. If you have been affected by a birth injury, protect your rights.
Consult with a birth injury attorney with experience and success in both medical malpractice and birth injury claims at Tario & Associates, P.S today.
Read MoreWhat is Medical Malpractice?
Medical malpractice occurs when injury or death occurs as a result of a preventable error made by a medical professional. There are many circumstances in which malpractice can occur, such as surgery, routine office procedures, and mistreatment for known allergies. In order for malpractice to be proven, a medical malpractice attorney must prove that the care delivered did not conform to accepted standards and procedures, and that such care resulted in injury or death of the patient.
Statistics surrounding preventable medical errors in the U.S. are staggering. If you know of someone who is believed to be a victim of medical malpractice or medical negligence, it is important to speak to an attorney that specializes in medical malpractice and personal injury cases. In Washington, victims or their survivors may seek compensation for both economic and non-economic damages in a malpractice case. Economic damages are for lost wages or earning capacity, as well as your medical costs. Non-economic damages are for pain and suffering due to your injuries. Washington does not limit the amount of damages you may seek, but there is a statute of limitations regarding the time in which you may pursue a case.
The time to research, prepare and argue a medical malpractice case is very time consuming. It requires resources such as experts to testify, medical evaluation of the case, financial review for loss of future earnings, among many other issues. The medical malpractice attorneys at Tario & Associates have over 30 years of experience helping victims and their families recover damages. While no amount of money will restore or bring back someone who is injured or has died, financial recourse can assist greatly with the costs associated with such an event.
Call today for a free consultation with one of our expert associates. 360-617-8500.
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