Medical malpractice is when a patient receives substandard or incorrect treatment because of medical error or negligence. It can happen during diagnosis, treatment and aftercare.
Medical malpractice can cause harm, injury or death to a patient, and unimaginable trauma or loss to the family. According to Medical malpractice law provides compensation for injuries and losses caused by medical malpractice.
Before you can claim any compensation, however, the medical malpractice lawsuit must prove fault. You must prove that the doctor, medical worker or facility you trust with the health of your body is directly responsible for the injury or death.
Who can be held responsible for Houston’s medical malpractice?
Hospitals
Medical malpractice can be brought against the hospital in which the patient received treatment. For medical malpractice, a patient can sue either a public or private hospital. The patient should be able provide sufficient evidence to directly blame the hospital.
Alternately, the hospital may be held vicariously responsible for negligence by their employees. A hospital that is found vicariously responsible for medical malpractice is also liable for the negligence of others.
Here’s how they work:
Hospital Negligence
The hospital must be managed professionally and competently in order to remain operational. Hospitals must have licensed doctors and other healthcare providers such as nurses.
The management must follow proper procedure before hiring staff or constructing a hospital. They should also ensure that patients are comfortable. It should also inquire about the applicant’s education, training, and licensing.
A hospital can be held liable for negligence in direct medical malpractice cases if:
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Imagine that the hospital hires medical personnel without conducting sufficient research. The hospital can face charges under the “corporate negligence” doctrine for negligent retention or supervision. This happens when an unqualified staff member causes injury to a patient.
- A hospital could be held responsible for failing to verify the credentials of healthcare workers before they are allowed to work at the hospital. The hospital can also be held liable for allowing an incompetent doctor to treat patients.
- If the hospital fails to provide quality patient care, it can be held responsible for medical malpractice. It is the responsibility of the hospital to ensure that there are enough registered healthcare workers on the premises at all times. It can be held responsible for any patient’s injuries or mistreatment due to a nursing shortage if it fails.
- If employees fail to follow orders from private physicians, the hospital could be held responsible. If an employee of the hospital knows that the personal doctor’s treatment plan is not appropriate and fails to inquire about it.
- Hospitals can also be held liable if the hospital is unsafe or unsanitary and results in injury to patients.
Vicarious Liability
If a hospital employee injures someone, the facility could be held vicariously responsible for medical malpractice. Under the legal doctrine of “respondeat Superior,” employers are responsible for negligent acts by their employees, the hospital is liable.
This is when an employee’s negligent act or medical error happens while they are at the hospital. This doctrine is used by most plaintiffs in medical malpractice cases to determine who is financially responsible for compensating them.
There are situations when doctors and other healthcare workers are considered independent contractors, but not hospital employees. The “respondent superior doctrine” is not applicable in this instance.
Hospitals can be liable for the negligence of independent contractors and healthcare professionals. The negligence of a doctor will not be held responsible by the hospital. The hospital cannot be sued.
There are situations where the hospital could be held directly or indirectly liable for malpractice committed by independent contractors. If the hospital and the contractors agree to manage emergency rooms or other outpatient facilities, this is possible.
Pharmaceutical Companies
The pharmaceutical industry is another person that can be held responsible for medical malpractice. If a drug company causes injury to a patient, the pharmaceutical industry may be held liable. If the company fails to warn doctors about side effects and harm, this could result in the pharmaceutical company being held liable.
The pharmaceutical manufacturer might not be responsible for the patient’s injuries. When the drug is used correctly, the pharmaceutical company makes sure it is safe. Manufacturers are responsible for ensuring the safety of the drug by researching side effects and potential risks before it is released to the public.
However, the company must inform the doctor about all drug risks. The drug is considered “unreasonably hazardous” if it is not disclosed to the physician as per the product liability law. The manufacturer could be held responsible if the warning was not given to physicians and the patient is injured.
Doctors
Medical malpractice can also make doctors liable. There are many functions that doctors perform in hospitals, which can make them susceptible to errors. It is a waste of time if a doctor misdiagnoses or fails to diagnose serious illnesses.
A patient may have to undergo painful treatment for a condition they don’t have, or might not be able to receive life-saving tests. The doctor may not give accurate information to the patient about their medical condition or treatment. These can all lead to medical malpractice.
There are situations where the doctor can be held responsible for actions of nurses or other healthcare workers. If the staff member who is treating the patient makes a medical error or neglect, this can happen.
Nurses
A patient may also sue a nurse for malpractice. Nurses are responsible for many medical treatment duties in hospitals. The primary responsibility of a nurse is to interpret and monitor patients and create a comfortable environment.
Medical malpractice can also be brought against nurses who fail to follow doctor’s orders or give the wrong medication. If a patient is not being attended to, or is exposed to environmental hazards that could endanger their life, they can sue the nurse.
Radiologists
If a radiologist misinterprets or miscommunicates test results to a doctor, they can be held liable for medical negligence. The patient will have to wait longer if the radiologists are unable to deliver. This can affect their treatment time. The radiologists may be held responsible for lost time, which can lead to death or serious consequences for the patient.
Pharmacists
Medical malpractice can also be brought against pharmacists. A patient can sue a pharmacist if they prove that they gave incorrect prescriptions, resulting in injury or causing harm. The pharmacist could have given the patient the wrong medication, or the correct medication with the wrong dosage.
Surgeons
Medical malpractice can also make surgeons liable. A surgeon can be held liable if they leave a medical supply inside a patient’s body and sew it in during surgery.
Sometimes, a surgeon may also perform surgery on the wrong part of the body. One example is removing a patient’s limb rather than operating on the heart. After being sued, compensation may be awarded for operating on a patient in an unsafe area or negligently.
The surgeon is responsible for operating on the wrong patient or damaging other organs during an operation. They also have to diagnose and treat any post-operative infections. A surgeon who does not practice with precision and care could be held responsible for malpractice.
Dentist
Dentists administer anesthesia to patients. They also use different equipment for different procedures. A dentist who administers anesthesia to patients incorrectly or uses unapproved equipment may be held accountable.
The dentist may also misdiagnose the patient or give the wrong treatment. This can cause pain for the patient. After a severe infection spreads, the patient may suffer brain damage. This can lead to unplanned emergency surgery.
Anesthesiologists
Anesthesiologists are required to use powerful drugs that require careful monitoring and constant care in order to achieve the desired results. Anesthesiologists who fail to adhere to the rules for handling patients can put their lives at risk.
Anesthesia can cause adverse effects if the professional administers the wrong dose or fails to monitor the patient. The patient could suffer brain damage, death, or wake up before the procedure is finished. A patient like this can sue anesthesiologist to hold them responsible for medical malpractice.
These are the Legal Conditions That Hold One Liable For Medical Malpractice
A patient must have in order to sue the individuals mentioned above and make them liable for medical malpractice.
Documented Evidence
The patient must show that the employee or healthcare worker is responsible for their death or injury. The relationship between the patient and doctor must be documented.
A casual chat with a doctor is not considered a patient-doctor relationship by law. It can’t be used for filing a lawsuit.
Evidence of Doctor’s Negligence
Also, the patient must prove that the doctor/healthcare worker was negligent in their duties resulting in injury or even death. Negligence means that a doctor didn’t follow medical standards and care the patient.
This should only be the case if it is something the doctor cannot avoid. If a doctor is skilled and attentive while on duty, but the patient or relative doesn’t like the results, it is not negligence.
Demonstrate that the doctor’s negligence caused injury
The patient must also prove that the doctor caused them harm. It can be difficult to provide such evidence if the patient is very ill and no one is able to document it.
Demonstrate how the doctor’s incompetent acts led to the patient’s death or injury. The healthcare worker may not be held responsible if there is no evidence of negligence or incompetence by doctors while on duty.
Give Quantifiable Damages
The patient must show sufficient evidence to prove that the doctor’s negligence caused quantifiable damage in order to be compensated. Evidence such as medical bills, reports, lost work or earning abilities must be presented by the patient and their family. You can sustain mental or physical injuries, such as pain or loss of bodily parts.
Who is liable for medical malpractice when more than one party is involved?
Medical malpractice can involve more than one party. Each healthcare worker who was directly responsible for the patient’s injury will be held responsible. The comparative negligence law assigns each responsible person a percentage of responsibilities per their conduct.
This law shows that medical malpractice can involve more than one healthcare worker. Medical treatment is a process that involves multiple medical staff. These stages include intake, diagnosis and pre-treatment. Consultations are also included. Follow-ups are possible.
A nurse may make a mistake if the doctor has given them incorrect directions regarding the patient’s dosage. The surrounding factors may make both the doctor and the nurse liable for malpractice.
After the nurse failed to spot the error made by the doctor in the dosage, the lawsuit could question her skill level. The doctor, on the other hand will be held responsible for misdirecting the nurse or injuring patient.
Malpractice cases are most common during the diagnosis phase. There are many ways to find the person responsible for the damages. It is possible to trace the entire healthcare team that might have treated a patient on a given day. Each one is then held responsible for the victim’s damages.
Each employee will be responsible for the victim’s damages. Comparative negligence is a method to determine how much each employee has done to the victim. This reduces the percentage that every healthcare worker must pay.
Are you able to file a medical malpractice claim without the assistance of an attorney?
You can still win against the hospital or medical care worker, even though they are one of the most complicated cases in Houston, Texas. It is best to get the right lawyer to represent you in court so that you can receive timely compensation.
An attorney can hold a doctor, hospital, nurse or pharmaceutical company responsible for medical malpractice. Medical malpractice can also be committed by dentists, radiologists and surgeons.
After determining the cause of the medical error, attorneys can help you obtain compensation. To press charges, the attorney must be able to quantify the injury or damage.
Houston, TX – Work with a Medical Malpractice Lawyer
Terry Bryant Accident & Injury Law Firm is available to help you and your patient if they have suffered injuries or damages due to malpractice. This law firm’s medical malpractice lawyer has many years of experience in holding doctors and healthcare workers responsible for their negligence.
After we have determined the validity of your case, you may be eligible for compensation. Our team does extensive research to help you get the compensation you deserve.
Attorney At Law Magazine first published the post Who Can be Liable for Houston, TX Medical Malpractice?.