A hospital is an institution that prolongs and increases the quality of life of its patients. However, in some cases, hospitals do the exact opposite â€“ injuring their patients, and worse, causing their death. In these kinds of situations, the compromised party may file legal charges against the medical personnel who committed the medical malpractice, and the hospital administration itself. But how?
Here are some factors that plaintiffs should prove to show the liability and fault of a medical specialist and the hospital:
- The medical specialist and hospital have the responsibility to provide professional health care to the plaintiff. Once a patient is checked in a hospital, the hospital administration would become responsible for his health and condition.
- The doctor or medical personnel breached its duty because of a malpractice or negligent action. If a doctor was not able to perform his duty effectively, it is considered a breach of duty.
- The specialist's malpractice has caused the plaintiff injury or death. If a breach of duty has resulted to an injury or made the patient's condition worse, it is called medical malpractice.
Proving these three important points is crucial in a hospital negligence case. Because of this, the plaintiff will need to seek legal help from an attorney. The plaintiff's party should make sure to gather enough evidence to prove liability. Below are some of the parties that can be sued in a medical malpractice case:
- The medical specialist â€“ Medical specialists such as doctors and nurses who have caused injury to the patient will be held responsible for the accident.
- The hospital administration â€“ Under the vicarious liability principle, the hospital administration would be indirectly responsible for the violation of its doctor. However, if the doctor was not a resident doctor, the hospital may be freed from all legal charges.
- The drug manufacturer â€“ If the injury or death was caused by a defective or ineffective drug, its manufacturer may be held liable for the damages. However, if the drug reached its expiry date and the hospital or drugstore still sold it, they would become liable for the accident.
These are the potential parties that can be held liable for medical malpractice. If the plaintiff is able to prove the fault of the defendant, he would be able to obtain compensation for his damages and costs. In this situation, his Los Angeles personal injury lawyer would still play an important role to ensure that his client gets what he deserves.