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Who might be liable in a medical malpractice case?

When a negligent act happens to a Berks County patient seeking health care services, often that patient will be able to recover damages for medical malpractice. Obviously, the patient or the patient's family would be the plaintiff in this kind of case. But who would be the defendant? Under the law of medical malpractice, there are a number of parties who could be liable. The question of exactly who is liable depends on the specific facts of a particular case.

First of all, a medical doctor could be a defendant in a medical malpractice case. If a doctor fails to provide a minimum level standard of care to a patient, and the patient suffers injury as a result of the failure, the doctor could be liable to the patient for medical malpractice.

Second, a hospital could be found liable for medical malpractice. This could happen if the hospital's employee or employees commit a negligent act. This is because employers are often held to be vicariously liable for the negligence of their employees. Also, the hospital itself could be negligent if it fails to schedule a sufficient number of nurses to a shift, for example. Additionally, if the hospital fails to do its due diligence in giving an incompetent or unqualified doctor privileges at the hospital, the hospital could be liable for that failure.

There are other parties that could be held liable as well. For example, a pharmaceutical company could be liable to a patient if the pharmaceutical company failed to warn a doctor about the dangers of the pharmaceutical company's products. If a patient or family member suspects they may be the victim of medical malpractice, they are urged to speak to a medical malpractice attorney as soon as possible.

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The Law Firm of Leisawitz Heller
2755 Century Boulevard
Wyomissing, PA 19610

Toll Free: 866-360-5064
Phone: 610-816-0342
Fax: 610-372-8671
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The Law Firm of Leisawitz Heller
400 South 4th Street
Hamburg, PA 19526

Toll Free: 866-360-5064
Phone: 610-816-0342
Fax: 610-372-8671
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