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Who is Liable in Medical Malpractice Claims?

Scales of JusticeIf an injury occurs due to the negligence of a medical professional, it can be a confusing and difficult time. You go to the doctor when something is wrong because you expect them to provide you with the utmost care. While there are many doctors that focus on providing the best care possible, there are also times when something can go wrong and the patient is left in an even worse condition. This is called medical malpractice, and the person who sustained an injury may be able to pursue legal action for the damages suffered.

This brings up the question: who is liable?

At The Perecman Firm, P.L.L.C., our New York City medical malpractice attorneys understand the difficult situation you are experiencing and we know how to help. We take the time to study your medical malpractice case, and determine the exact cause of injury. This can help us assess who should be held liable, and file the lawsuit against the correct party. In medical malpractice claims, there are numerous parties who may be held accountable depending on how the injury occurred. Below, we detail just a few of the parties so you understand what rights you may have.

The Doctor

The doctor is often the most common liable party in medical malpractice cases because of their interactions with the patient. The doctor is the one who performs the treatment or surgery, which is when most of the medical errors occur. For instance, a surgeon may operate on the wrong person, operate on the wrong body part, or leave an item in the patient. These are referred to as “never events” because they are errors that should never happen. If they do, however, they can cause significant pain and suffering in the patient.

A doctor may also be held accountable for medical malpractice if he or she improperly diagnoses a patient. A misdiagnosis — or missed diagnosis — can delay the patient receiving the correct treatment and by the time the correct diagnosis is made, it may be too late. This usually occurs because symptoms of serious conditions and diseases may mimic the not-so-serious illnesses people can have. It’s important for doctors to make a correct diagnosis so the patient is properly treated as soon as possible.

The Anesthesiologist

In a number of cases, a patient may need anesthesia before they go into surgery. This is administered to put the patient in an induced state so they do not feel the surgery as it is happening. Unfortunately, errors can occur during this process as the anesthesiologist may fail to check for a history of allergic reactions. It can also be an issue of too much anesthesia being administered and causing an overdose. These are serious situations and can result in catastrophic injuries, or worse, death.

The Hospital

There are times when communications within the hospital or hiring procedures can lead to medical malpractice. For example, if a chart for a patient has the wrong information, it can lead to surgery performed on a person who doesn’t need it. Also, if the hospital fails to monitor their staff or properly hire trained medical professionals, it can lead to a medical error or negligence.

If you or someone you love has been injured or received an incorrect diagnosis at a hospital, you may be able to take legal action. We encourage you to call our firm and learn more about your options. Our New York City medical malpractice lawyers at The Perecman Firm, P.L.L.C. are here to protect your rights and your best interests. Call today.


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