Should I Sue the Doctor or the Hospital?
If you are the victim of medical malpractice, it means that you were injured due to negligence, which could have been on the part of the doctor who cared for you or the part of the medical facility where your care was provided.
Whether you file a claim against the doctor or the hospital will depend upon the circumstances of your claim, and working closely with an experienced medical malpractice lawyer in Mt. Pleasant can significantly affect how your claim is resolved.
Medical Malpractice
Anyone can make a mistake, including medical professionals and medical facilities. Medical malpractice, on the other hand, refers to failing to provide the standard of care required by the medical profession. This means that the doctor or the hospital in question either took some action or could not take some action that other reasonably prudent healthcare providers would have under similar circumstances. If you suffered legal damages–or losses addressed by the law– as a result, you can seek compensation through a medical malpractice claim.
The primary elements of every medical malpractice claim include the following:
- You were owed a duty of care established by the doctor/patient relationship.
- The care you received failed to meet the standard of care required.
- This negligence was the direct cause of your losses, recognized by the law as damages.
Suing the Doctor Directly
If the doctor engaged in a practice considered medical malpractice, you may be able to sue them directly – generally through their medical malpractice insurance provider. This is because many doctors are independent contractors who don’t work for – or aren’t employees of – the medical facilities they provide care.
However, it’s important to note that there are situations in which a hospital can be held responsible for an independent doctor’s negligence. A prime example is when a hospital allows a physician identified as engaging in unprofessional practices to work in their facility. There are also instances when both the doctor and the hospital can be held liable, which makes it essential to work closely with an accomplished medical malpractice attorney from the start.
Suing the Hospital
Suppose the injuries you suffered were the direct result of a medical professional employed by the hospital, such as a med tech, nurse, or support staff member. In that case, you’d likely file your claim with the hospital’s medical malpractice insurance provider. This is also true if the hospital at which you were treated failed to meet the required standard of care, such as maintaining sanitary conditions.
Turn to an Experienced Medical Malpractice Lawyer in Mt. Pleasant
The formidable medical malpractice attorneys in Mt. Pleasant are dedicated to advocating for your rights and compensation. Learn more about what we can do to help you by contacting us online or at 843-577-5100 today.