Types of medical professionals who may be held liable for injury
When medical treatment goes awry, pinpointing responsibility is crucial. Many patients and their families wonder, “Who can be sued for medical malpractice?” At DWK Law, our Orlando medical malpractice attorneys specialize in untangling the complexities of medical malpractice cases, helping our clients understand who can be held accountable under Florida law. This guide will explore the various healthcare professionals and entities that can potentially be defendants in a medical malpractice lawsuit, ensuring you clearly understand your legal options.
Understanding liability in medical malpractice
Medical malpractice occurs when a healthcare provider fails to deliver the standard of care that a competent provider would have under similar circumstances, resulting in harm to a patient. In Florida, various parties can be held liable for such negligence, depending on the circumstances surrounding the case.
Healthcare providers who can be sued for medical malpractice
Individual practitioners
- Doctors: This includes surgeons, general practitioners, and specialists who may commit errors in diagnosis, treatment, or surgery.
- Nurses: Registered nurses, nurse practitioners, and licensed practical nurses can also be liable if their failure to provide adequate care leads to patient harm.
- Dentists and dental assistants: Mistakes in dental care, such as improper treatment or surgical errors, can lead to malpractice claims.
- Pharmacists: Incorrectly filling prescriptions or providing improper medication advice can constitute malpractice.
- Other medical professionals: This category can include physical therapists, psychologists, and any other healthcare providers who are required to meet a professional standard of care.
Hospitals and medical facilities
- Hospitals: Can be directly liable for their own negligence, such as errors in hospital-administered treatments, and vicariously liable for the actions of their employees.
- Clinics and Urgent Care centers: Similar to hospitals, these facilities can be held accountable for both direct and indirect malpractice issues.
- Nursing homes: These facilities may face lawsuits related to elder care, such as neglect or abuse.
Criteria for suing a healthcare provider
To bring a medical malpractice lawsuit in Florida, the plaintiff must demonstrate:
- A duty of care existed: There was a professional relationship between the healthcare provider and the patient, establishing a duty of care.
- Breach of duty: The provider failed to adhere to the accepted standard of care.
- Causation: The breach of duty directly caused injury or harm to the patient.
- Damages: The patient suffered quantifiable harm as a result of the breach.
Florida Statutes § 766.102 mandates that claims must be supported by expert medical testimony to establish that the standard of care was breached, except in obvious cases (such as a surgical instrument left in the patient’s body).
How DWK Law can help
At DWK Law, we understand the emotional and physical toll a medical malpractice incident can take. Our experienced attorneys are here to guide you through every step of the legal process, from identifying all potential defendants to handling complex litigation. We are committed to advocating fiercely on your behalf, ensuring that all responsible parties are held accountable and that you receive the compensation you deserve.
Harmed by a medical professional? Call us; we can help.
Determining who can be sued for medical malpractice involves a detailed understanding of both the specifics of the medical incident and the roles of various healthcare providers and institutions. If you or a loved one has been affected by medical malpractice, contact DWK Law for a thorough evaluation of your case and expert legal representation tailored to achieve the best possible outcome.
