When a person makes the decision to go under the knife, it is usually after being assessed and diagnosed with an injury or ailment. Surgery is usually ordered as a precautionary treatment or as a remedy for those suffering from an illness or injury to either cure or help with their symptoms. Surgery isn’t always ordered as a treatment option by a medical professional, but in instances of surgery there is always a risk, sometimes slight to moderate, of further injury or complications in connection with the surgical accidents.
Beyond risk and complications also comes the possibility that an error will be made during the surgery – the risk of machine or human error. While the statistical significance of these type of errors causing injury are small, they do and can happen. So how do you know if your injury caused in surgery was due to standard risk of the procedure or medical malpractice-related error? You or a loved one may not initially be aware of that possibility, but it should be considered.
There are several parties that could have contributed, or could have been at least partially responsible for medical malpractice injury. Sometimes it’s one specific party, but oftentimes there are several, that will be named in a lawsuit. Hospitals, doctors or other staff, and even medical device companies or other related medical-care third parties, could be responsible for injury and thus could be held accountable for damages corresponding with medical malpractice injury. Tracing a path to these potential defendants can be done a variety of ways.
It really depends on a person’s specific injury and the losses they have or will continue to suffer due to it. Sometimes it is clear as day who is responsible, or it could be murky. Odds are, multiple parties could be named in a personal injury lawsuit, as a doctor’s employer (often hospitals) have a degree of liability due to their decision to hire said employee. Therefore, they have some responsibility for how their employees perform within the scope of the job.
Source: injury.findlaw.com, “Medical malpractice: Who can be sued?,” Accessed November 20, 2017