| Read Time: 3 minutes | Medical Malpractice

Patients typically seek the help of a trusted physician to help with medical needs. However, in some unfortunate cases, patients suffer an injury and feel the consequences.

If you believe you have a medical malpractice claim, it is helpful to understand whom you can sue. Poulos and Coates, is ready to help you.

Who Can Be Sued for a Medical Malpractice Case?[hide]

What Is Medical Malpractice?

Medical malpractice occurs when a patient has suffered an injury or even death due to a healthcare provider or other entity’s negligent or reckless act or omission.

Medical malpractice often leaves a patient in worse shape than they were before treatment by the medical professional.

If you’ve suffered harm at the hands of a healthcare provider or other medical entity, you may have a medical malpractice lawsuit.

It is best to discuss your case with a qualified medical malpractice attorney to understand your options.

Whom Can You Hold Liable In a Medical Malpractice Lawsuit?

While many are aware that medical malpractice lawsuits exist, most believe only doctors can be liable for their actions.

This is not the case, as any person or facility playing a role in your injury could possibly be held accountable.

If you are interested in filing a lawsuit, it is important to understand who can be sued for malpractice.

Doctors

First and foremost, negligent or reckless doctors can be liable for their actions or inaction. Physicians are held to a high standard, owing their patients a certain duty of care.

If the doctor breaches this duty of care, and the breach results in harm to the patient, medical malpractice may have occurred. 

When determining whether there is medical malpractice on the physician’s part, it is essential to understand what occurred, what a reasonable doctor in the same position would have done, and whether the physician deviated from the high standard of care.

Nurses

Nurses may also be held responsible for medical malpractice.

The role of a nurse typically includes following the doctor’s instructions and performing the daily tasks involved in medical treatment.

Often, because nurses work under doctors, a nurse will not be considered liable by himself or herself. In many cases, the supervising physician will also be held responsible for the medical malpractice.

Anesthesiologists

Unfortunately, many things can go wrong with anesthesia. Whether it involved local or general anesthesia, there is much precision and monitoring involved.

If an anesthesiologist fails to give the proper dosage or inadequately monitors the patient while under anesthesia, the patient can suffer various consequences.

Hospitals, Clinics, and Other Medical Facilities

Hospitals, clinics, and other medical facilities can be held responsible for a variety of reasons.

Liability can arise from hazardous conditions causing a patient harm, negligent hiring, or shortage of medical staff.

Medical facilities can also be liable for the negligence of their employees.

Pharmaceutical Companies

With pharmaceutical companies, malpractice often arises from a failure to warn.

Because pharmaceutical companies owe a duty to physicians, if they fail to inform physicians of potential side effects or risks of a drug, they can be held liable. 

Physicians owe their duty to their patients. Therefore, it is important to note that if the physician was aware of the side effects and risks and didn’t warn their patient, the physician alone would generally be liable and not the pharmaceutical company.

Consult with a Knowledgeable New Mexico Medical Malpractice Attorney

Poulos and Coates, LLP, is a medical malpractice firm serving clients throughout New Mexico.

Our firm consists of experienced trial lawyers dedicated to representing those harmed by medical malpractice.

We fully understand the stress and financial instability these injuries cause, so we’re fully committed to helping our clients get the recovery they need.

We offer free case evaluations. Contact us today, and let’s discuss how we can help you.

Author Photo

Greig Coates, M.D., J.D.

Over the last thirty years, Dr. Coates has successfully represented plaintiffs in every conceivable type of medical malpractice lawsuit–from single-physician cases, to complex litigation involving over a dozen doctors and several hospitals. Dr. Coates has taken several thousand physician depositions in his career involving every known physician specialty and sub-specialty, and almost as many depositions involving hospital personnel such as nurses, techs, and administrators. He has tried several dozen cases to successful verdicts.

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