Who Can be Sued for Medical Malpractice?

When people wish to be a medical professional, they go to school for a long time in order to learn everything they need to know about treating others. There are various types of medical professions to meet people’s different health needs. If any of these individuals do not live up to the professional standard of care that is expected of them and patients suffer harm as a result, a claim for medical malpractice may be filed against them. When facing these situations, it is important to understand your liability and retain the services of an aggressive New York medical defense attorney for assistance moving forward.

What is Medical Malpractice?

When a medical professional is negligent and does not provide patients with the proper standard of care that they are owed, this is known as medical malpractice. These claims are the most serious that can be brought against a person in the medical field. It can severely impact their life and career, possibly resulting in a revocation of their medical license. 

In order for a person to have a successful malpractice claim, they are required to prove that they were, in fact, a patient of the medical professional in question. If this is proven, it is established that they were owed what is known as a “duty of care.” In addition to this, patients are required to prove that the duty of care was breached, thus resulting in their suffering and significant damages. 

How Can a Medical Professional be Negligent?

It is important to know that anyone in the medical field can be held liable for negligence if they engage in behavior that causes a patient to suffer, whether it may be physically or emotionally.  This can include a physician, physician’s assistant, nurse, physical therapist, dentist, psychologist, pharmacist, and more. Actions that can be considered malpractice, depending on the professional’s field, can include but are not limited to:

  • Injuring a patient
  • Failure to diagnose or delayed diagnosis
  • Failure to recognize symptoms/provide proper testing
  • Misreading or ignoring laboratory results
  • Surgical errors
  • Performing procedures beyond the scope of their medical license
  • Improperly administering or prescribing medications
  • Failure to review patient’s medical history
  • Sharing information without a patient’s consent
  • Falsifying patient records
  • Engaging in inappropriate conduct or relationships with a patient

Contact our Firm

When a medical professional is accused of misconduct, they must retain strong legal representation. If you require a medical law attorney for your legal matters, call Paul E. Walker, an experienced New York City OPMC & OPD Lawyer. Please contact the Walker Medical Law firm to set up a free initial consultation.