Who is sued in a medical malpractice lawsuit?

December 29, 2022   

בעוד שרוב האנשים מקשרים בין תביעות רשלנות רפואית לרופאים - ונכון שרופאים הם היעד לתביעות רבות מסוג זה - אתם יכולים להגיש תביעת רשלנות רפואית נגד מישהו שאינו רופא. יעדים נפוצים שאינם רופאים בתביעות רשלנות רפואית כוללים בתי חולים, מתקנים רפואיים ואחיות. בתביעת רשלנות רפואית, טוען התובע כי איש מקצוע בתחום הבריאות לא עמד בסטנדרט הטיפול, ובשל כך נגרם למטופל פציעה, נזק או מוות. נפגעי רשלנות מקבלים פיצוי של מיליוני שקלים מדי שנה כתוצאה מתביעות אלו.

Who can I sue for medical malpractice besides doctors?

To answer this question, we turned toAttorney Shmuel Kashiov which deals with medical malpractice and personal injury. Attorney Kashiov pointed out to us that while many medical malpractice cases are against doctors, they are not the only people in the healthcare profession who have a duty of care to their patients. If a professional breaches their duty of care to a patient, they may be liable for medical malpractice. Any of the following parties may be liable for negligence.

Hospitals

Hospitals are a frequent target for medical malpractice lawsuits. A hospital can often be held liable for the actions of its employees, including doctors and nurses. This means that a victim may be able to file lawsuits simultaneously against a doctor or nurse who provided poor care and against the hospital where they received the care. Hospitals are also typically large and have vast amounts of capital, meaning they have the money to pay an injured patient. Many are eager to settle out of court and avoid a lengthy legal battle if they believe your claim is well-founded and you are represented by an experienced attorney.

Medical facilities

Most medical care occurs in facilities other than hospitals. Whether you receive care at an urgent care clinic, a specialty center, or a university medical facility, the business or organization that provided medical services owes you a duty of care. If an employee of the facility breached that duty or provided inadequate care in any way, your attorney may be able to file a lawsuit against the medical facility.

Sisters

Just like doctors, nurses are medical professionals. When patients undergo medical treatment, they often receive more hands-on care from nurses than from doctors, making it even more important for nurses to uphold their duty of care. A nurse who acts negligently can cause injury to a patient or even death. In such situations, the nurse who provided substandard care can often be held liable along with the medical institution where she is employed.

When can I sue a professional who is not a doctor?

Medical malpractice and improper treatment can happen in many different ways and cause many different types of serious or fatal injuries. Below are some common examples that may constitute medical malpractice.

Errors during treatment

When you undergo surgery or any medical treatment, you expect the professionals who care for you to exercise care and diligence at all times. Even the smallest mistake can cause serious injury. If a doctor, nurse, or anyone else who cares for you makes a mistake or acts negligently, you have the right to file a lawsuit and seek compensation.

Inadequate treatment or follow-up

After a medical procedure, nurses and other staff members follow up with the patient. This includes monitoring vital signs, providing food and fluids, and dressing wounds. Improper care can lead to illness, injury, and even death. The negligent party, along with their employer, can be held liable in this case.

Incorrect drug treatment

If you have suffered injuries due to a faulty medication, you may be entitled to compensation from the doctor who prescribed it, the drug company that manufactured it, or the pharmacist who dispensed it.

Summary and conclusions

If you suspect that you have been harmed by medical malpractice, it is highly recommended that you contact a lawyer who specializes in the field to examine your case in depth. If your case is sufficiently well-founded, you may be able to receive financial compensation for the damages that have been and will be caused to you.