Who is responsible for medical malpractice? Three possible options.

Medical malpractice, or medical negligence, occurs when a health professional fails to provide his patient with the duty of care expected of his profession and this failure results in injury or harm to the patient. These injuries can be expensive and mayimpact the patient for the rest of their life.

Patients are wise to hold the responsible party accountable for their wrongdoing. This can result in funds needed to help cover the expenses that result from the injury. Potential parties to a medical malpractice suit can include:

• Physician. Arguably the most common example, patients may need to hold the attending physician liable for the error.
• Support staff. Depending on the details of the case, a nurse, nursing assistant or other medical professional tasked with monitoring the patient may also be responsible for the injury.
• Hospital. In some cases, the hospital itself is liable for the harm. Medical facilities who fail to make reasonable inquiries about medical staff or do not ensure an adequate number of nurses are on duty could be liable for a patient’s injury.  

Those who believe they are the victim of medical malpractice generally file their case with a state trial court. In most cases, these claims move forward through the civil, as opposed to criminal, system. Once the process begins, parties can negotiate a settlement or move forward with litigation.

Determining the best option for you depends on the details of your case. An attorney experienced in medical malpractice claims can review your options and guide you through the process.