Identifying Potential Defendants in a Medical Error Medical Malpractice Case

Possible Medical Malpractice Defendants in a Lawsuit

The potential defendants in medical malpractice cases extend beyond the primary health care provider and may involve various individuals and entities connected to the patient's care. Understanding the roles and responsibilities of each potential defendant is vital for building a compelling case and ensuring accountability for the actions or inactions that led to harm.

Here are some of the possible defendants that can be named in a medical error medical malpractice lawsuit.

Physicians

If a doctor makes a medical error that results in a patient’s injury, they can be held liable for medical malpractice. Professionals include general practitioners, surgeons, specialists, and anesthesiologists.

Nurses

These individuals play a critical role in patient care and might also be named as potential defendants. If a nurse makes a medical error leading to harm, they may be held responsible for their actions or inactions.

Hospitals and medical facilities

Hospitals and medical facilities are often considered medical malpractice defendants as well. These organizations can be liable for the negligent actions of their employees if they occur within the scope of employment. For example, if a doctor or nurse commits a medical error while working at a hospital, the professional and the hospital may both be named as defendants. This is known as vicarious liability.

Pharmacists

A pharmacist has a duty to ensure the accuracy and safety of prescribed medications. If they make a medical error in filling a prescription or fail to provide adequate warnings about potential side effects or drug interactions, they may be held accountable for any resulting harm to the patient.

Depending on the circumstances, other providers involved in a patient's treatment and care may also be potential defendants. They include:

Physical therapists

Laboratory technicians

Radiologists

How A Medical Malpractice Attorney Can Help

Hiring an experienced medical malpractice attorney is essential for identifying all potential defendants in a medical error medical malpractice case. They understand how to navigate this complex area of law and advocate for the best possible outcome. To determine what party to sue in a medical malpractice case, your lawyer needs to prove negligence. This process usually includes:

Investigation

A thorough investigation into the circumstances surrounding the medical error may involve collecting additional evidence, interviewing witnesses, and reviewing hospital policies and protocols.

Medical records review

This includes diagnostic reports, treatment plans, and medication records. A comprehensive review helps identify any discrepancies, errors, or deviatons from the standard of care.

Expert consultation

Your attorney seeks advice from medical experts, such as physicians or specialists, to better understand the medical standards applicable to the case and whether medical errors caused the injury.

Evaluate liability

The liability of each potential defendant is evaluated based on factors such as the extent of their involvement in the patient's care, their responsibilities, and any actions or omissions that may have caused harm.

Once your attorney determines the appropriate defendants, they file a medical malpractice lawsuit on your behalf. The lawsuit outlines the allegations of negligence, the economic and non-economic damages you suffered, and the legal basis for the claim.

Failure to include all responsible parties in a medical malpractice lawsuit has serious consequences. If an essential defendant is left out, the court may dismiss the case, leaving you without the compensation you deserve. Additionally, naming the wrong defendant can weaken the case and decrease the chances of a successful outcome. Make certain to research potential legal partners carefully and review the success of their medical malpractice cases.

Do You Believe You Or A Loved One Have Experienced Medical Malpractice? Speak With A Kansas City Area Medical Malpractice Lawyer Today

If you or a loved one are victims of medical negligence or malpractice, it's critical that you contact an experienced Kansas City medical malpractice lawyer right away. You’ll need to show a number of things to prove that malpractice was the direct or proximal cause of your injuries. Please feel free to contact us online or call our office directly at 888.813.0825 to schedule your free consultation. We are proud to serve Kansas City, Missouri and the surrounding area and look forward to speaking with you.