Skip to main content

Medical Malpractice Claim: Who Is Liable

By November 1, 2016August 17th, 2023No Comments

The legal theory of medical malpractice does not only apply to the conduct of doctors, it also applies to health care facilities, pharmaceutical companies, nurses, anesthesiologists, and other providers of health care services. The main focus of a medical malpractice lawsuit is proving fault; most often by a physician or another person directly related to injured party’s medical care. In some cases, other entities may be liable as well. This focus of this article is who may be sued when medical malpractice occurs.

Hospital Medical Malpractice Claims

Most hospitals are either publically or privately owned corporations. Under a medical malpractice claim, a hospital can be held liable for their own negligence. They may also be held “vicariously” liable for an employee’s negligence. Vicarious liability is the ability to hold a party accountable for the negligence of another.

Pharmaceutical Manufacturers

In some medical malpractice cases, a pharmaceutical company may be liable when a drug causes a patient injuries, but generally only when the manufacturer fails to warn physicians of the potential side effects or dangers when taking the drug. Where a pharmaceutical manufacturer adequately informed a physician of the risks associated with a drug, they will not be liable if a patient is injured.

Consult A Medical Malpractice Attorney

If you think you may a medical malpractice claim, but are unsure who may be liable a qualified medical malpractice attorney can help you. A skilled and experienced attorney who regularly takes medical malpractice cases will discuss the strengths and weaknesses of your potential claim and advise you who may be held liable. A great first step is to schedule a free consultation with a medical malpractice lawyer.

Mitchell Leeds, LLP welcomes the opportunity to talk to you about your injury or loss. Please contact our team by calling 415-702-9928.