If you’ve been the victim of medical malpractice, you probably have questions about suing. Who can you sue? Who is really responsible for the mistake? Is your case worth taking to court? Your situation may vary, but if you believe you can prove you have been injured by a doctor’s lack of care, you should look into a lawsuit.
First of all, if you can prove negligence or the intent to cause injury to you as a patient, then your cause is one that you should consider taking to court. Even if your doctor didn’t intend to cause you harm, if the mistake did result in harm to you or a family member, it can be taken to court.
Who is responsible for this injury, and who can you sue? Hospitals are corporations that you can sue if your injury took place while you were there. Here’s an example. If you were in surgery when a doctor performed an operation on the wrong body part, then you could claim the hospital was vicariously liable for the negligence of its employee.
You may also sue the medical personnel responsible. The doctor who caused your injury and the technicians who were writing your paperwork and verifying surgical needs, for instance, could be sued for neglect or errors leading to your injury.
If you were injured by a treatment given to you, it may be possible to sue the pharmaceutical company that created it. Usually, the manufacturer won’t be liable for your injuries, but if you can prove it knew the medication wasn’t safe, then you have a better chance of winning your case.