Determining who is responsible for medical malpractice is one of the first steps necessary to file a claim. Medical malpractice laws allow a victim in Alabama to name one or multiple accused parties, known as defendants, in an injury claim. Working with a Birmingham personal injury attorney, an investigation may need to be done to determine who or what caused your injury, illness or infection to determine the defendant. Many different health care providers could be held liable for medical malpractice, including:
The practitioner: if the individual doctor or practitioner fell short of the standards of care, he or she could be held independently responsible. Many physicians are independent contractors, not employees. This means they will be held liable separately from the hospital.
The hospital or medical center: if the person at fault was an employee at the time of the incident, the larger health care center or employer may be held vicariously liable. This could include a hospital, surgical center, birthing center, emergency room or another medical facility.
A pharmacy: if the harm was caused by a medication error made by the pharmacy, such as administering a drug to the wrong patient, the pharmacy could be held responsible.
A manufacturer: if a defective or dangerous medical device or piece of equipment caused the injury, the manufacturer or distributor could be held responsible with a product liability claim.
Common types of medical malpractice include surgical errors, medication mistakes, misdiagnoses, birth injuries and failures to treat. An investigation of the incident will try to pinpoint the tort to the medical professional(s) most at fault for causing the victim’s injury or death. This could be one or multiple parties, depending on the circumstances. Then, the victim or his or her attorney will need to prove the claim being made against the defendant(s).