Who is Liable in a Medical Malpractice Case?

A doctor holding a chartWhen you receive medical treatment, there may be multiple parties involved – the doctors, nurses, the hospital or clinic, and perhaps many others. As a result, it can be difficult to know who you need to pursue when something goes wrong. Pursuing the wrong party can not only waste valuable time but can also jeopardize your claim. Bringing your claim against the right party is critical to getting the compensation you deserve.  

The Atlanta medical malpractice attorneys at Slappey & Sadd knows how to help you pursue a successful claim. If you believe you’ve suffered as a result of medical malpractice, call us at 888-474-9616 or fill out our contact form to schedule a free consultation to discuss your case and how we can help. 

Do You Have a Malpractice Case?

Before you decide who may be liable in your malpractice case, you must first be certain that you are the victim of medical malpractice. In order to proceed with a medical malpractice case, you will need to prove that the doctor or hospital breached the duty of care to you which resulted in harm. Medical treatment can have negative consequences without rising to the level of malpractice. The following scenarios would not be considered medical malpractice: 

  • The treatment was unsuccessful
  • You suffered a known side effect that was disclosed to you
  • The harm you suffered was not the result of the treatment provided

It isn’t easy to determine whether or not the harm you suffered is the consequence of medical malpractice. For this reason, it’s really important to speak with an experienced attorney if you are the victim of medical malpractice. 

When the Doctor is Liable

Determining what caused your injury is important because it will likely determine who should be held liable. In many cases, the doctor will be the one who will be liable. However, you will need to prove that it was the doctor’s fault. For example, you may have to prove one of the following situations: 

  • The doctor misdiagnosed your illness
  • The doctor should have diagnosed your illness sooner
  • The doctor did not disclose known risks or side effects
  • The doctor was negligent in providing treatment (e.g. performed the wrong procedure or operated on the wrong body part)

The facts in your case will be critical in determining who is at fault, even a small fact that may seem irrelevant or of little importance. 

When the Medical Facility is Liable 

If you were treated in a hospital or other health care facility, you may have to pursue a claim against the facility itself. Generally speaking, hospitals can be held liable for the actions of their employees, which includes nurses, lab technicians, and other personnel. If, for example, your diagnosis was based on a faulty test, you may have a claim against the hospital. 

If the doctor was at fault, their relationship with the hospital may be critical. Some doctors are employees of the hospital or facility where you received treatment, meaning that you would need to pursue your claim against the hospital. In other cases, you may need to bring your claim against both the doctor and the hospital. 

Contact a Georgia Medical Malpractice Attorney Today for a Free Case Evaluation

Medical malpractice cases are very complicated and nearly impossible for non-lawyers to pursue successfully. The medical malpractice lawyers at Slappey & Sadd can help. Founded in 1992, we have decades of experience helping people in the Atlanta area and across Georgia get the compensation they deserve. If you believe you’ve suffered as a result of medical malpractice, call us at 888-474-9616 or contact us online to schedule a free consultation to discuss how we can help.