There are a variety of circumstances in which healthcare practitioners become engaged in civil litigation. The most common example is medical malpractice lawsuits. Medical malpractice disputes involve a negligent act or omission by a health care provider, insofar as such act or omission which deviated from medical professional standards and such act or omission caused injury to the patient. There are also claims relating to injury and death from a medical device, such litigation is related to claims involving injuries caused by defects in medical device design, and medical device manufacturing and a medical device manufacturer’s failure to warn. People also die from or are seriously injured by prescription drugs they believe to be safe because they have been prescribed by doctors, but many of these defective drugs are inadequately tested or have insufficient warnings on their labels.

To have a valid medical malpractice claim, you must be able to prove that the doctor’s negligence caused the injury. You must have a doctor-patient relationship established and show that the practitioner’s negligence demonstrably led to damages. Improper treatment, failure to warn patients and properly diagnose can lead to physical and mental pain, unnecessary medical bills, and loss of work among ability to earn income. Call our lawyers directly at (800) 603-3900 for a free consultation to ascertain that suing your doctor is possible. You don’t have much time after injury to file a claim, give us a call now!

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Misdiagnosis or failure to diagnose is a common medical malpractice claim. Misdiagnosis leads a patient through a domino effect of medical malpractices, such as unnecessary or improper surgery, medications, premature discharge, and poor medical aftercare. For a medical misdiagnosis claim to be valid, a doctor-patient relationship has to have existed. Also, injury—physical or mental—with losses like missed work and income had to be caused by the misdiagnosis. If you or your family has been a victim of medical malpractice or misdiagnosis, contact a board-certified medical malpractice attorney at (800) 603-3900.

To sue a hospital—and determining the hospital’s liability for your injury or loss depends on a few things. The first question is whether or not the doctor or healthcare practitioner is an employee of the hospital; if the doctor is an independent contractor for the facility (which most are), the hospital cannot be held responsible for the doctor’s medical malpractice. If injury and loss from the medical malpractice originated from the negligence of a hospital’s employee, suing the hospital may be possible. If the doctor is an independent contractor, you may be able to sue the hospital instead of the doctor if you can prove that they didn’t disclose his status as a non-employee, or if they choose to keep employing a doctor with a proven record of malpractice and incompetence.

Spiegel & Utrera, P.A.

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