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Who may be sued in a medical malpractice case?

There are many individuals involved in medical care, which can make it difficult for an Ohio resident to identify a liable party in the event of a possible medical malpractice incident. In addition to considering the conduct of doctors, nurses and other individuals, there are entities to consider if a malpractice claim is being filed.

A hospital may be held responsible for medical malpractice situations based on institutional negligence. Additionally, vicarious liability is possible if the employee of such a company is negligent. The matter may depend on the relationship between those providing services in the institution since a direct employee of the company should have been properly evaluated for professional qualifications prior to being hired. Similarly, granting privileges to a physician as an independent contractor should include an evaluation of that individual's credentials.

Pharmaceutical companies might be held liable in cases involving patient injuries, particularly if physicians have not been advised of possible adverse effects. A pharmaceutical manufacturer is to provide appropriate information to physicians and to safely manufacture products. If the pharmaceutical company has withheld information or created a product with errors or unsafe practices, the manufacturer might be sued for medical malpractice. If a drug-related injury has occurred because of a physician or pharmacy error, however, then the individual or company in error might be sued.

An individual who is dealing with the repercussions of a medical error may wonder whether a malpractice suit is warranted. It may be helpful to meet with a lawyer to discuss the error and the resulting complications and losses to determine whether action is warranted. The lawyer may assist with investigating related records and filing the appropriate paperwork.

Source: findlaw.com, "Medical Malpractice: Who Can Be Sued?", September 06, 2014

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