Not receiving adequate medical care is an issue that can affect any patient. When a patient suffers harm because of the inadequate medical care, the patient might decide to file a medical malpractice lawsuit. One of the primary considerations of a medical malpractice lawsuit is determining who should be named as a defendant in the case.
While it might seem to some that the doctor would be the obvious choice to name as the defendant in the medical malpractice case, there are often other parties that should be named. It is crucial that you name all possible defendants in the case so that you are sure that you are seeking compensation from the correct parties.
One party that might be liable for injuries is the pharmaceutical company or the medical device manufacturer. This would be the case if you suffered harm because of a drug or device, but the possibility of that specific harm wasn’t relayed to the doctor or the patient. When a doctor prescribes a drug or uses a device, he or she should have information about the risks. This information comes from the manufacturer.
Another party that might be named is a hospital. This would be the case if the doctor was practicing at the hospital when you were harmed. The hospital can be held responsible if your harm was caused by neglect on the hospital’s part or if one of the hospital’s employees was negligent.
Investigating the medical malpractice case can help you to determine the defendants for your case. From there, you can move forward with your claims.
Source: FindLaw, “Medical Malpractice: Who Can Be Sued?,” accessed Feb. 19, 2016