Who Could Be Liable in a Medical Malpractice Lawsuit?

If you’re considering filing a medical malpractice lawsuit, one of the first questions you’ll likely have is who to name as the defendant. Many people assume that only the doctor is responsible, but in reality, multiple individuals (or even whole organizations) in the healthcare system could share fault.

In this article, you’ll learn who you might take legal action against and how each party’s actions can affect your case.

Doctors and Surgeons

If a doctor makes a serious mistake — such as misdiagnosing an illness, performing surgery on the wrong site, or prescribing the wrong treatment — it may fall below the accepted standard of care. In such cases, the doctor or surgeon could be held liable for medical malpractice because they have primary responsibility for a patient’s care.

Hospitals and Medical Facilities

Healthcare institutions, from major hospitals to surgery centers, have a duty to maintain a safe environment. Failures in their systems or staff oversight can make them susceptible to medical malpractice lawsuits.

For example, a hospital could be directly liable for negligent hiring if it fails to review a physician’s credentials or allows an incompetent doctor to treat patients.

Nurses and Medical Staff

Nurses, nurse practitioners, physician assistants, and other medical staff play a critical role in coordinating and delivering patient care, and they can also be liable if they fail to meet the standard of care. These professionals are expected to follow doctors’ orders and use sound judgment in monitoring and treating patients.

For example, a nurse who administers the wrong medication dosage or fails to carry out a required treatment at the proper time could be held liable for malpractice.

Pharmacists and Pharmacies

A simple pharmacy error, such as putting the wrong drug or wrong dose in a prescription bottle, can have life-threatening consequences. Likewise, overlooking a known interaction between two medications could do serious harm.

For this reason, the law typically holds pharmacists accountable just like doctors or nurses when their medication errors negatively impact patients.

Urgent Care Clinics and Private Practices

If you were harmed because of negligence at an urgent care clinic or a physician’s private practice, that facility or practice could be at fault, just like any other medical facility.

For instance, an urgent care clinic could face liability if its staff fails to properly evaluate a patient or delays referral in an emergency, resulting in harm. In many cases, both the individual provider (the doctor or nurse) and the clinic or practice that employs them can be named in a medical malpractice lawsuit.

South Carolina’s Legal Standard for Liability

In South Carolina, you can hold a healthcare provider accountable for malpractice when the care they provide falls below the level of that which a reasonably careful professional would offer.

This means that if a doctor, nurse, or hospital does something another competent provider wouldn’t do (or fails to do something they should), you may have grounds for a claim.

South Carolina law calls for the provider’s actions to be measured against those of a similar professional faced with the same situation. If that comparison reveals that their conduct caused injury, they can be found negligent.

The standard for determining liability for malpractice applies to all healthcare providers, including doctors, nurses, facilities, and supporting staff.

FAQ

Can I File a Claim if I Share Fault?

Yes, you can still pursue damages, though your recovery may be reduced by your percentage of fault.

How Long Do I Have to File a Medical Malpractice Lawsuit?

In South Carolina, the timelines for filing a lawsuit for medical malpractice can vary based on a number of factors. With this in mind, it’s a good idea to speak with an experienced medical malpractice attorney to ensure your case is filed before the time runs out.

Will My Case Go to Trial or Settle Out of Court?

Many of these claims are resolved through negotiated settlements. However, if the medical provider’s insurer won’t offer fair compensation, your medical malpractice lawyer can take your case to trial to seek the full compensation you deserve.

Talk to a Qualified Medical Malpractice Attorney Today

If you or someone you care about has suffered harm due to medical negligence, you need dependable legal support. At Clore Law, we can review your medical malpractice case, explain your rights, and help you pursue compensation for medical bills and other losses.

Contact us today for a free initial consultation to discuss your situation.