Nield Law Group, APC
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Determining the defendant in a medical malpractice case

A general belief of most patients is that if they file a medical malpractice case, they will have to sue the doctor who is over their case. This isn't necessarily true. There are multiple entities and people who might be held liable in these cases. The circumstances of the case will help to determine this.

The location of the malpractice is one factor that will matter. Was it at a doctor's office, a medical center, a hospital or another facility? If the person who committed the malpractice was an employee or contracted with the medical business, you might be able to hold the business liable for the actions of that person.

The person who made the error can also be held liable. This isn't limited only to doctors. It can also be a nurse, therapist or pharmacist. Essentially, anyone who is part of your medical care and makes errors that are detrimental to your health can be held liable.

There are times when a pharmaceutical company might be held liable for a patient's harm. Because these companies deal directly with physicians, the drug company usually won't be liable. The exception to this occurs if that company didn't warn the doctor of the harm that might occur to the patient taking the medication. An example of this would be if there is a drug interaction that isn't listed on the documentation.

Determining every party that might be held liable is important in these cases so that they can be named. This can be important as it shows that you want to cover every avenue possible.

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