When we’re talking about medical malpractice, there is a wide range of professionals that can be held at fault in a medical malpractice case. However, the primary people and organizations who can be sued are doctors, nurses, hospitals, pharmacists, pharmaceutical companies, chiropractors, podiatrists, or any specialist within the field of medicine. Many times they make mistakes, and that mistake within the legal world is referred to as a breach of the standard of care.
This breach can fall into two categories: negligence or vicarious liability, which refers to whether you’re attempting to sue the doctor or the hospital. The hospital is ultimately liable for the doctor’s actions if they are employed by the hospital, but there are a lot of pieces that must fall into place for a successful medical malpractice lawsuit with damages recovered. Before you can receive any compensation, you must be able to prove that a breach of the standard of care occurred.
There is typically standard protocol in place to determine whether or not a doctor met the standard of care, but this changes based on specialization and circumstance. If you’re not a medical professional, it can be difficult to prove that a breach of the standard of care occurred, which is why we recommend bringing in expert medical testimony to prove that there was a breach of the standard of care.
You should always seek confident legal counsel, who are experienced in that area, to investigate whether or not malpractice occurred. Certainly, we can assist you and help you in pursuing that claim.