QUESTION
Who is sued in a medical malpractice lawsuit?
Asked on Sep 24th, 2013 on Personal Injury - Alabama
More details to this question:
Are hospitals or individual doctors sued in a medical malpractice lawsuit?
15 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Both if both are negligent or if the dr is negligent and works for the corporation.
Answered on Sep 26th, 2013 at 5:24 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Depending on the circumstances of the case, a lawsuit can be brought against the doctor/doctors who committed the malpractice, or against the doctors *and* the hospital, or against the hospital only (very rarely).
Answered on Sep 26th, 2013 at 4:57 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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That's a good question, because circumstances often render the situation unclear. It could be the hospital, individual doctors, or both. Very often, doctors have "privileges" at a hospital, but are not employees of that hospital. Sometimes, you have to sue everybody and then see what happens.
Answered on Sep 25th, 2013 at 7:54 AM
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The answer depends on the facts of your case. It can be both or either.
Answered on Sep 25th, 2013 at 5:35 AM
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It depends on who negligently caused injury or death to the patient. Sometimes doctors are employees of the hospital, so that the hospital alone may be sued. More frequently, doctors are only working at the hospital and are not employees of the hospital. In those instances, the party whose negligence caused the injury or death of the patient must be named as a defendant in the case.
Answered on Sep 25th, 2013 at 4:48 AM
Plaintiffs Personal Injury Attorney serving New Orleans, LA
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David A. Easson
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Many times both if doctor employee of hospital.
Answered on Sep 25th, 2013 at 4:47 AM
School Law Attorney serving St. Louis, MO
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The Law Offices of Mark J. Dean
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It just depends on the facts. Individual doctors and/or entire hospitals can be sued.
Answered on Sep 25th, 2013 at 4:46 AM
Thomas Edward Gates
They both can be sued.
Answered on Sep 25th, 2013 at 4:37 AM
Personal Injury Attorney serving Bellevue, WA
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Rubinstein Law Offices
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All potentially liable parties should be considered for litigation, including individual physicians, their employers, and affiliated hospitals. Obviously, each case is different, and a thorough evaluation of the facts is required.
Answered on Sep 25th, 2013 at 4:37 AM
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The answer to your question depends upon the specific facts and details surrounding your case. Generally speaking though, a medical malpractice lawsuit can be brought any party responsible for the negligent care - this includes hospitals, doctors, nurses, etc.
Answered on Sep 25th, 2013 at 4:36 AM
Personal Injury Attorney serving Atlanta, GA
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Anthony Overton Van Johnson & Associates, P.C.
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Both hospitals and doctors are sued in a medical malpractice case anyone individual or entity to which liability can attach.
Answered on Sep 25th, 2013 at 4:36 AM
Car Accidents Attorney serving Mandeville, LA
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Olivier Law Firm, LLC
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Usually yes. Hospitals if they had a causal connection to the malpractice (i.e., it happened in their surgery room). Other parties may be liable as well. Consult a local attorney for a full evaluation. Good luck!
Answered on Sep 25th, 2013 at 2:19 AM
It depends upon where the malpractice took place. Often both are sued, the hospital being sued for negligent supervision.
Answered on Sep 25th, 2013 at 1:35 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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It obviously depends on who did what. Only those that were negligent in some manner should be sued. Sometimes, however, lawyers take a shotgun approach and sue everyone involved. This is legally incorrect and could be an ethical violation. Oftentimes physicians/surgeons only have staff privileges at a hospital and are not employees. They, and typically their medical corporation are sued individually. Nurses are usually employees of the hospital and therefore you can sue the hospital and the nurse both if the nurse was negligent. Sometimes, if appropriate, you would sue all 3, doctor, nurse and hospital, depending on the facts of the case.
Answered on Sep 24th, 2013 at 6:46 PM
James Eugene Hasser
It can be either one or both, depending on the facts. Good luck.
Answered on Sep 24th, 2013 at 5:07 PM