As a victim of medical malpractice, you may be asking who you should go after for the harm you suffered at the hands of a negligent health care provider. Is it the doctor who treated you, the hospital where it happened or someone else entirely? It isn’t always black and white.
The liable party depends on who made the mistake, the role they played in your care and whether they were acting as an employee or an independent contractor. Understanding the difference is the first step toward holding the right parties accountable.
Unpacking medical malpractice liability
In many cases, the treating doctor may be personally liable if they made a negligent error, such as misdiagnosing a condition, performing surgery incorrectly or prescribing the wrong medication. Doctors in private practice or those working as independent contractors can be sued as individuals.
A hospital can also be held liable for the negligence of its employees. For instance, if a nurse gave you the wrong medication or failed to monitor you properly after surgery, you may hold the hospital accountable. Hospitals can also be liable in their own right for hiring unqualified staff, understaffing or failing to maintain equipment.
In some cases, both the doctors and the hospital may share the blame. For example, if a surgeon operated recklessly while the hospital provided unsafe conditions after the operation, both could be legally responsible for malpractice.
Medical malpractice cases can be legally and technically complicated. Figuring out who’s responsible is just the beginning. Building a strong case requires strong evidence, expert opinions and an understanding of how everything works. Seeking legal guidance can help protect your interests as you pursue the compensation you deserve.
