Physicians are not the only medical providers who are subject to
medical malpracticesuits. Many other healthcare professionals can be held liable too, as well
as institutions that employ such professionals.
Regardless of what particular professional is involved – physician’s
assistant, nurse practitioner, pharmacist, dentist, chiropractor, or alternative
healthcare provider – the concept is the same. There is a standard
of care that the public expects when they put themselves in a medical
professional’s care. Violation of this standard is actionable. If
you can prove that the provider’s
medical negligencecaused you significant harm, you may be able to obtain fair compensation.
Hospitals can be held liable in two ways:
1. Direct Negligence – meaning their own administrative or procedural negligence. Some
examples of direct negligence would be:
- Not inquiring adequately into an applicant’s background, and hiring
someone who later injures a patient.
- Not adequately investigating a physician’s credentials before extending
hospital privileges to him or her.
- Not maintaining enough registered nurses on duty to provide quality patient care.
- Failing to perform relevant clinical tests.
- Not keeping accurate medical records.
- Improperly admitting patients; for instance not treating a seriously ill
or injured person on an emergency basis, but instead delaying treatment
with admission paperwork; or deciding who to treat or admit based on race,
religion, national origin, or ability to pay.
2. Vicarious Liability – meaning the hospital is held responsible for its employee’s
behavior. This is known as the legal doctrine of "respondeat superior".
It states that if an employee is negligent while acting within the scope
of his employment, the employer may be held liable. This doctrine gives
the plaintiff a source of compensation: an institution with greater financial
resources than an individual would have.
In another scenario, some healthcare providers, including physicians, are
not considered employees, but independent contractors. This invalidates
the respondeat superior doctrine. However, a plaintiff can still hold
the hospital liable for negligence in giving privileges to an incompetent
or unlicensed physician.
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3. Your free consultation
Medical malpractice laws are a complicated maze. Give us a call at the Law Offices of Craig
send an email so that we can help you through them and build a strong case for you.
We do not charge for the initial consultation, as it is a time for us
to listen and start determining whether you have a valid claim. If we
then choose to work with you, it will be on contingency, meaning that
our fees are not paid until we win a settlement amount or jury award for you.
Free Consultation • No Recovery/No Attorney's Fee • Handicapped
Florida medical negligence lawyer Craig Goldenfarbrepresents clients throughout South Florida, including the cities of Palm
Springs, Stuart, and Fort Pierce, and residents of Palm Beach County,
Martin County, and St. Lucie County. Our office in West Palm Beach, Florida,
is located a quarter mile west of I-95 on Palm Beach Lakes Blvd., behind
Chick-Fil-A in the Legacy Bank Building.