Who Can Be Held Liable for Medical Malpractice?

Medical Malpractice Lawyer

Medical malpractice can be the result of actions taken by a number of medical professionals. Even healthcare facilities can be held liable for the negligent medical care provided by employees in some instances. Check out the information below and contact a Philadelphia medical malpractice lawyer for more specific information on who you may be able to sue if you think you may have been the victim of medical malpractice.

The Definition of Medical Malpractice

Medical malpractice is defined as an instance in which a medical professional, doctor or other healthcare entity provides care that does not align with current medical standards in a specific situation. When health care deviates from the norms and a patient is harmed as a result, you may have a case for medical malpractice. Without harm to an individual, there can be no legal claim.

The Responsible Parties

Nurses, physicians, dentists and other healthcare professionals can be sued for medical malpractice in certain instances. Additionally, hospitals and other facilities that provide healthcare may also be held responsible for their own negligence or the negligence of an employee. The term for this is vicarious liability. 

It is also possible for multiple parties to be held liable for medical negligence. For instance, a surgeon and anesthesiologist could have caused harm to a patient through both of their actions, in addition to a medical facility that allowed them to perform under unsafe conditions.

The Actions That Can Be Considered Malpractice

A medical professional or entity must have provided care that failed to meet the appropriate standard in order to possibly have a case for medical malpractice, as a medical malpractice lawyer who serves the Philadelphia, PA area can explain, such as one from Wieand Law Firm, LLC. Additionally, an injury must have been incurred by the patient in order to seek damages for malpractice in court. Without an injury, there can be no claim for malpractice. Considerable damage, such as lower income, lifelong pain or permanent disability, to the person or their income must have occurred for damages to be awarded.

The Legal Requirements

Four legal elements must be demonstrated by the claimant in order to have a chance at success in pursuing a medical malpractice lawsuit. Those elements are:

  1. A professional duty of care owed to the patient
  2. A healthcare provider breached that professional duty
  3. An injury was suffered as a result of the breach
  4. Damages were incurred by the patient as a result

Contact a medical malpractice lawyer in Philadelphia, PA quickly to help you assess your damages if you believe you could have a case for a medical malpractice lawsuit.

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