Medical Malpractice Attorney
If you were recently injured as a result of the medical treatment you received, it is natural to desire some compensation. After all, medical professionals are meant to heal and protect, so if their actions caused you harm something has gone wrong. Anyone who finds themselves in this situation should consider filing a medical malpractice lawsuit, as this is the accepted way to receive compensation. However, most people do not really know how medical malpractice cases work. If you have any questions, you should speak with a medical malpractice attorney to learn more. This guide, however, will answer one question in particular: “Who can you sue for medical malpractice?”
Who Can You Sue?
When it comes to medical malpractice, you have two options for who you can sue:
- An individual
- The hospital
Suing an individual may include a nurse, doctor, surgeon, technician, or other physicians. Alternatively, you can file a lawsuit against the hospital itself. Generally, it is a better idea to bring a lawsuit against whichever individual caused your injuries, but sometimes it is more appropriate to sue the organization instead.
Most medical malpractice cases are the result of an action an individual physician took. This may be a mistake in surgery, a doctor misdiagnosing a patient, a nurse providing the wrong medicine, or a technician using a piece of medical equipment incorrectly. In these kinds of situations, you have the best chance of winning your case by suing only the person who caused the injury.
Most hospitals employ physicians as contractors. This means that the hospital itself cannot be held responsible for the actions a physician takes. This is the biggest reason why suing the hospital is not usually successful. However, there are some situations where the injury is caused by the hospital, rather than by a specific individual. Examples of this include the hospital failing to ensure a doctor is capable, the hospital creating an unsafe environment, an administrative error leading to injury, or medical equipment failing. If you find yourself in this kind of situation, the best course of action very well may be to file a lawsuit against the hospital. Although the case will be harder, it is entirely possible that you may win your case.
The most important thing to remember is that you should always speak with a medical malpractice attorney, like a medical malpractice attorney in Memphis, TN. You can get all your questions answered and learn who the best person or entity to file a lawsuit against really is.
Thank you to the Law Firm of Darrell Castle & Associates PLLC, for their insight into medical malpractice law.