Can You Sue a Doctor for Malpractice or Only a Surgeon?

Can You Sue a Doctor for Malpractice or Only a Surgeon?

Personal Injury Lawyer

Most people who find themselves considering filing a medical malpractice lawsuit do not really know how the process works. After all, most people have never been in this situation and never expect to be. A common misconception is that you can only file a lawsuit against your physician if your case involved a mistake during surgery. This is not true, but then who can you file a lawsuit against? This guide will provide you with all the information you need to answer this particular question, but you should take the time to speak with a medical malpractice attorney to have all your other questions answered.

What Makes a Case Valid?

If a medical malpractice case does not need to involve surgery, what is it that makes the case valid? Really, it is all about negligence. There is an expectation for all medical professionals to provide a certain level of care. If a medical professional fails to meet this expectation, and that failure results in injury, then the actions or lack of action were negligent. If this is the case, then a medical malpractice case is valid.

As you can tell, this is possible in many different types of situations, rather than just a surgeon making a mistake. It can include a doctor diagnosing an illness, a nurse administering medicine, a pharmacist filling a prescription, and more. As long as a medical professional provides care, a certain level of expertise must be met.

Who Can You Sue?

There are multiple targets you can choose for a medical malpractice lawsuit:

  • An individual, such as a doctor, surgeon, nurse, or technician
  • The hospital itself, or the organization that operates it

It is usually more beneficial to file a lawsuit against the individual who causes your injury. Most physicians are contractors, rather than direct employees of the hospital. This means you cannot hold the hospital liable for most negligent actions. However, if your injury was caused by an administrative mistake on the hospital’s part, an unsafe environment that the hospital is responsible for maintaining, or something else that is the hospital’s responsibility instead, then you may have a valid case against the hospital. It is also important to understand the lawsuits against the hospital are usually harder to win, as the hospital has more resources available for a defense than an individual would have.

An attorney will be able to advise you on whether you should sue the hospital or a physician based on your unique case. The first step you take should always be to speak with an attorney, like a medical malpractice attorney in Memphis, TN.

 


 

Thank you to the Law Firm of Darrell Castle & Associates PLLC, for their insight into medical malpractice law. 

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