Because most of us are not well-educated in medicine, we often rely on doctors, surgeons, dentists, therapists, and other medical professionals to heal us without looking into the details much ourselves. While this may work fine in most scenarios, physicians are liable to make mistakes just like anyone else. Even worse, some deliberately cut corners and act in other ways that are not in the best interest of their patients. Though it can be traumatizing to discover you have been a victim of medical negligence, I have built my practice around bringing justice to others just like you.
How Do You Know If You Have a Case?
Before filing a malpractice suit, there are many factors to consider. Below, I will discuss a few of the elements I analyze before moving forward.
The Relationship Between You & the Doctor or Hospital
In order to be held liable for malpractice, the party at fault must have a clearly defined relationship with you. A common practice in the hospital industry is to hire doctors who are independent contractors. This way, the hospital cannot be found responsible for wrongdoing on the doctor’s behalf. Likewise, it may be difficult to sue the doctor in such scenarios if you do have an explicit agreement with them. Additionally, if the malpractice occurred under the care of a consulting physician, liability can also be unclear. Still, it is best to examine how you and your doctor’s relationship impacts liability under the guidance of an experienced attorney, as there are many gray areas.