Medical Malpractice Involving Third-Parties

Medical malpractice is a harsh reality of the medical world that affects patients across the globe.

Surgical errors, prescription errors, and diagnostic errors plague the system. Often, these errors have life-threatening consequences for the affected patient. Victims of medical malpractice may have to undergo prolonged treatment and bear huge medical expenses as a result of a medical professional’s error. A victim of medical malpractice may never be able to recover completely and some even die as a result of a doctor’s negligence.

Third-Party Medical Malpractice

St. Louis medical malpractice attorneys inform us that a patient who is injured as a result of medical malpractice may be entitled to compensation, not just from the treating doctor, but also from a third-party. For example, hospitals may be held vicariously liable for the actions of their employees or they may be directly liable is some cases. In some cases of medical malpractice, the pharmaceutical company may be named a defendant.

Vicarious Liability

Vicarious liability can be defined as a legal concept that may hold the employer responsible for the actions of an employee, even if the employer was not negligent. A hospital may be directly liable if it failed to review the doctor’s history prior to hiring or if it failed to provide training to the doctor or staff. It is the duty of the hospital to ensure that there are enough qualified nurses in the facility, that proper medical records are maintained, emergency patients are properly triaged, and proper tests are performed.

Liability of Pharmaceutical Companies

A third-party that can be named in a medical malpractice lawsuit is the pharmaceutical company. Although these companies may not have liability for any injuries, even if the injury was caused by their medications or drugs, they may be liable if they failed to warn the doctor of side effects or dangers associated with the drug. The doctor, as an informed intermediary, has the primary responsibility for the safety of the patient; however, the pharmaceutical company may be liable in case they failed to warn the doctor of any side effects or risks of drug use.

If you or your loved one has suffered injury due to medical malpractice, it might not be easy to determine who is at-fault or which entities or individuals may have liability. To make an informed decision, it is best to seek the services of an experienced St. Louis medical malpractice lawyer. A victim of medical malpractice may be able to recover compensation for medical expenses, wage loss, and pain and suffering. Call Zevan and Davidson Law Firm, LLC at (314) 588-7200.