Cleveland Medical Malpractice Attorney Explains Liable Parties in a Medical Malpractice Claim May 22, 2012.

If you file a medical malpractice claim you will have the burden of proving who is at fault, or liable, for your injury or bad prognosis. How do you do this? An attorney can help you show that:

  • a duty of care was owed to you;
  • your healthcare provider violated this duty of care;
  • you suffered an injury or your doctor’s failure to diagnose a disease prevented you from being treated in time to stop its progression; and
  • your injury was caused by the violation of duty of care.

In a medical setting such as a hospital or urgent care clinic, more than one person may be held accountable for medical negligence.

Any healthcare professional can be held responsible for medical malpractice. Most claims fault a:

  • nurse;
  • nurse’s aid;
  • primary care physician;
  • physician’s assistant;
  • surgeon;
  • anesthesiologist;
  • gynecologist or OB/GYN; or
  • pharmacist.

A hospital or clinic has the responsibility of screening and training its employees to ensure that they carry out their job function in a safe and legal manner. If a facility fails to do so, it may be held responsible for your medical malpractice claim in something known as "corporate negligence."

Not all medical malpractice claims stem are the result of a healthcare provider’s mistake. In some cases, patients are harmed when a defective medical device, such as a stint or pacemaker, or a prescription drug is not manufactured properly or performs in a way that is not expected. An attorney can review the details of your case to determine if you have grounds to file a claim.

If you have questions about an injury, misdiagnosis, or medical malpractice, contact our Cleveland office for a free consultation.