When medical malpractice occurs, it’s easy to understand that the patient who suffers harm has a number of questions. This is an instinctual part of any issue concerning serious actions that result in major injuries.
One of the questions that may arise is who is at fault? In medical malpractice matters, there are multiple factors that come into play to help determine liability, and they must be understood properly in order to pursue legal action in the most effective manner possible.
The Doctor’s Liability
The doctor is most often liable because it is his or her action that results in the patient suffering an injury. For instance, in surgical errors, if the doctor operates on the wrong body part or leaves an object in the patient, it is their own fault for the action.
In this instance, the patient takes legal action against the doctor and his or her insurance to pursue compensation. It must be shown that the doctor(s) acted in a way that would result in harm and was outside of any normal action that should have been taken.
The Facility’s Liability
In many situations, people also feel the hospital or medical facility should hold some percentage of liability for employing the doctor. While this can be the case sometimes, it’s not always clear cut and there are some situations in which the doctor is not a direct employee of the facility.
As such, there are situations where the hospital may disassociate themselves from a doctor to avoid legal action. However, if the medical facility had any knowledge of a doctor’s history of negligence and still allowed him or her to work on their premises, this could be cause for a lawsuit.
At Grewal Law, we’ll take a look at all factors involved to determine who is considered liable and where you can pursue compensation.
Our Michigan medical malpractice attorneys focus on your best interests at all times and we’re ready to go above and beyond to safeguard your rights to justice. Trust in our team to put together a strong case strategy on your behalf and move forward after such a difficult situation.
