Medical technicians work alongside doctors in hospitals and respond to emergencies.
Medical technicians often handle life-and-death tasks.
It’s easy to imagine how the pressure of an emergency could result in emergency medical technician medical malpractice. Such medical errors can result in grave injury.
You may wonder if medical technicians can be liable for medical malpractice. Medical technicians are health care providers and can be liable for medical malpractice.
Below, our medical malpractice lawyers explain medical technician medical malpractice claims.
If you have any questions, please contact the experienced medical malpractice attorneys at Poulos & Coates today.
What Is a Medical Technician?
A medical technician provides support to doctors and hospitals.
For example, emergency medical technicians (EMTs) stabilize and transport patients during a medical crisis.
Lab technicians help prepare tissue or other samples for examination by pathologists. Some technicians collect blood samples (phlebotomists), and some technicians help doctors during surgery.
Proving Medical Technician Liability
A medical technician can be responsible for negligence when treating a patient.
If, for example, an EMT negligently harms a patient, the patient may have grounds to bring an emergency medical technician medical malpractice claim.
A patient must prove the following in a medical malpractice case:
- Duty of care—the medical technician must have owed the patient a duty to care to provide treatment that satisfies a particular medical standard of care;
- Breach of duty—the medical technician strayed from the standard of care and, by doing so, breached their duty to the patient;
- Causation—this breach of duty caused the patient harm; and
- Damages—the patient suffered injuries because of that harm.
In hospital and emergency medical technician medical malpractice cases, an expert witness must testify as to the appropriate medical standard of care that would apply in a specific case.
Types of Medical Technician Malpractice
Medical technicians are everywhere in the medical field, and there are many chances for them to make mistakes.
Some of the most common examples of medical technician malpractice include:
- Emergency medical technician malpractice. An EMT can be negligent by driving recklessly, delaying their arrival to the scene or hospital, operating an ambulance that has malfunctioning or broken equipment, or providing a patient with improper treatment.
- Failure to sterilize. Hospital sterilization technician error can occur if a technician uses contaminated or dirty equipment.
- Equipment misuse. Medical technicians may misuse equipment, causing harm.
These are just a few examples of medical technician malpractice. Contact a medical malpractice lawyer to discuss the specifics of your case.
New Mexico Medical Malpractice Requirements
New Mexico has a special procedure you must follow to pursue a medical malpractice claim.
Before filing a medical malpractice lawsuit, you must first file an application with the New Mexico Medical Review Commission.
The Commission examines your records, holds a hearing, and issues a non-binding decision.
If the Commission finds in your favor, they’ll help you find an expert witness to testify at trial.
You generally only have three years from the date of the negligent act to file a claim unless you are minor or incapacitated. Don’t wait until the last minute to contact a lawyer to investigate and file your case.
Contact a Medical Malpractice Lawyer If a Medical Technician Injured You
If you were injured due to a medical error by a technician, you need an experienced and understanding advocate to handle your case.
At Poulos & Coates, LLP, you’ll benefit from our decades of experience in prosecuting claims against hospitals, doctors, and medical technicians.
We take pride in helping patients injured by medical malpractice fight for the compensation they deserve.
Contact us today by phone or online to find out how we can help you.
Victor Poulos
Vic Poulos & Greig Coates became law partners in April of 2002, when the two medical malpractice litigators merged their offices, combining what is now over seventy years of litigation experience, to form Poulos & Coates, LLP. Licensed to practice before all State Courts of Texas, New Mexico, Iowa, and Kansas. Licensed to practice before the United States District Courts of Kansas, Iowa, New Mexico, and Texas (Western, Eastern, Southern, and Northern Districts of Texas), as well as the United States Court of Appeals for the Fifth Circuit and the U.X. Ax Court.
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