Can you sue anyone other than the doctor for negligence? Many a times, the doctor seems to be the negligent party. A victim of medical malpractice often has this misconception. However, it is not always the case. It may be the negligence of any healthcare professional on the job. Sometimes, the hospital may also be liable for the injuries.
What do you do in such a situation? Whom do you sue? It is wise to get a medical malpractice lawyer for advice before you take any legal action. The objective to sue the liable entity is to get compensation for the damages you suffer. If you sue the wrong entity, the Georgia court may dismiss the case, and you get nothing.
When can a hospital be responsible for negligence? Two circumstances may lead to this –
Direct liability: Suppose the hospital did not check the qualifications, licensing and/or experience of a healthcare professional before employing him/her. If his/her negligence is the cause of injury to a patient, the hospital is liable for the damages because it offered him/her the job without checking the essentials.
This also applies if the hospital did not have adequate staff to provide diagnostic tests, treatment and care, or if the hospital did not maintain the proper medical records, or any such negligent action that leads to patient damages.
Vicarious liability: The legal doctrine of ‘respondeat superior’ applies in certain circumstances. Suppose an anesthetist is negligent in his/her duties during a major surgery and the patient suffers serious injuries for this. In such a situation, the hospital is vicariously liable for the damages as the anesthetist is an employee of the hospital.
If the negligent professional was not an employee but an independent contractor, the case becomes a little complex. However, the hospital did provide him/her the privilege of working there – therefore, they cannot escape liability completely.
Only competent Georgia Medical Malpractice Lawyers are capable of understanding the way the laws apply to the facts of the case. With a slight change in circumstance, the liability may shift from one to another. Unless you are sure about the existence of negligence and the negligent party, taking legal action may not be a wise decision.
However, you must not delay getting legal help for a medical malpractice case. The Georgia statute of limitations gives you only two years to file a medical malpractice lawsuit. The period starts from the date of the injury or death resulting from the incident.
Please visit lawyer guide [http://www.800lawyerguide.com/] for more information.
What do you do in such a situation? Whom do you sue? It is wise to get a medical malpractice lawyer for advice before you take any legal action. The objective to sue the liable entity is to get compensation for the damages you suffer. If you sue the wrong entity, the Georgia court may dismiss the case, and you get nothing.
When can a hospital be responsible for negligence? Two circumstances may lead to this –
Direct liability: Suppose the hospital did not check the qualifications, licensing and/or experience of a healthcare professional before employing him/her. If his/her negligence is the cause of injury to a patient, the hospital is liable for the damages because it offered him/her the job without checking the essentials.
This also applies if the hospital did not have adequate staff to provide diagnostic tests, treatment and care, or if the hospital did not maintain the proper medical records, or any such negligent action that leads to patient damages.
Vicarious liability: The legal doctrine of ‘respondeat superior’ applies in certain circumstances. Suppose an anesthetist is negligent in his/her duties during a major surgery and the patient suffers serious injuries for this. In such a situation, the hospital is vicariously liable for the damages as the anesthetist is an employee of the hospital.
If the negligent professional was not an employee but an independent contractor, the case becomes a little complex. However, the hospital did provide him/her the privilege of working there – therefore, they cannot escape liability completely.
Only competent Georgia Medical Malpractice Lawyers are capable of understanding the way the laws apply to the facts of the case. With a slight change in circumstance, the liability may shift from one to another. Unless you are sure about the existence of negligence and the negligent party, taking legal action may not be a wise decision.
However, you must not delay getting legal help for a medical malpractice case. The Georgia statute of limitations gives you only two years to file a medical malpractice lawsuit. The period starts from the date of the injury or death resulting from the incident.
Please visit lawyer guide [http://www.800lawyerguide.com/] for more information.
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