Doctors operate under a legal “duty of care”, a standard requiring they provide an acceptable standard of care for their patients. That duty is breached if they either harm their patient or lapse in their duty to treat them correctly, which is usually due to negligence.
Determining Legal Action
In order to have a case, the alleged malpractice must have led to some sort of injury that another doctor in the same field, under the same circumstance would not have made. Generally, successful medical and negligence malpractice claims that are successful involve those where a permanent injury occurs or the patient suffers a long-term loss of work, or physical ability.
Determining Legal Responsibility
If one has a case worth pursuing, the person or facility liable must be determined and named. A variety of factors should be considered when determining if the physician or facility where the treatment was administered is considered legally responsible. On the one hand, if a hospital employee such as a nurse makes a mistake while under the supervision of a doctor, the responsibility may shift to the doctor (assuming said doctor was present and could have prevented the problem).
In cases such as this the individual doctor or support staff is liable rather than the hospital.
Hospital - News Articles
In April 2014, while under the care of Whitestone Care Center, Edward Arnold allegedly broke several bones in his body and came down with pneumonia. Arnold, 70-years-old at the time, was at the Whitestone nursing home, located in Stroudsburg, Pennsylvania, for only twenty days. According to a medical malpractice lawsuit, filed on behalf of hisRead More
Family Files Malpractice Lawsuit Against Texas Hospital over Alleged Cover Up Early in 2015 Cris Chapa brought her mother, Manuela Chapa, to the Kindred Hospital located in Sugar Land, Texas. Manuela, then 87, was suffering from pneumonia and her condition was worsening. So the Chapa family was not shocked when they were called in toRead More