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Who can be sued under medical malpractice laws?

On Behalf of | Jul 25, 2020 | Medical Malpractice |

Medical malpractice in Connecticut can be applied to anyone working in the medical field, such as nurses and pharmaceuticals. Sometimes, parents cause children health issues from negligence, and they can be charged. A victim of medical malpractice has to prove that actions of the responsible party led to their injuries. However, the type of facility sued may make a difference in how cases are handled.

Hospitals that employ a variety of health care workers classify as either public or private. When hospitals hire employees, they should check into the employee’s background for training, licensing and possible criminal activity. Failing to conduct background checks in this instance could make them liable under cooperate negligence, which applies to workers with questionable backgrounds who cause patient injuries.

Also, not hiring enough staff on a shift could make the hospital liable if patient injuries occur. Even when an employee working in the scope of their duties harms a patient, the hospital may be held liable under vicarious liability. Vicarious liability increases the chances that patients get compensated. However, if a doctor is an independent contractor, the hospital would not likely be held liable.

In some situations, a pharmaceutical entity could be held liable for damages if it neglected to warn doctors about potential dangers. Otherwise, it will not usually be held responsible since the primary duty of care is to doctors. The doctors who prescribe medicine are often called learned intermediaries, which means they have the best knowledge to determine suitable medicine for patients based on the pharmaceutical’s information.

Patients should receive the highest level of care from providers. If a patient thinks they have been injured because of doctor negligence or carelessness, a medical malpractice attorney may be able to help them file a claim and work to prove their case.