Medical malpractice can occur in various situations, from surgical errors to misdiagnoses. When medical professionals fail to provide the standard of care that is expected of them, patients can suffer injuries. In such cases, you may hold multiple parties liable for the harm incurred due to medical negligence. Speak with an experienced medical malpractice lawyer for a thorough assessment of your claim to understand your best legal options to obtain compensation.
The lawyers at Goza & Honnold can help investigate your medical malpractice case to obtain evidence of negligence and determine the parties responsible for the harm you have suffered. The parties you can sue for medical malpractice may include many professions and entities, such as physicians, surgeons, nurses, and hospitals, among others. As locally and nationally recognized trial lawyers, we have a reputation for success and have helped other clients like you recover significant compensation for injuries caused by medical malpractice.
Understanding Liability in Medical Malpractice
Liability in medical malpractice cases can be intricate, often involving multiple parties. Medical malpractice occurs when a medical professional deviates from the standard of care expected in their profession, resulting in harm or injury to the patient. In such instances, the patient or their family may file a medical malpractice lawsuit against one or more parties involved in their care.
To establish liability, the plaintiff must demonstrate that the medical professional or facility breached their duty of care, causing harm or injury to the patient. This can involve showing that the medical professional failed to follow established protocols, misdiagnosed a condition, or administered incorrect treatment.
In medical malpractice cases, liability can be attributed to multiple parties, including:
- Medical professionals: Doctors, nurses, and surgeons who directly provided care.
- Medical facilities: Hospitals and clinics responsible for the overall care environment.
- Pharmaceutical companies and medical device manufacturers: Entities that provided faulty medications or devices.
- Other healthcare providers: Nurse practitioners and physician assistants involved in the patient’s treatment.
Identifying all liable parties is crucial for a comprehensive medical malpractice claim, ensuring that all responsible entities are held accountable for their actions.
Who Can Be Liable for Medical Malpractice?
When it comes to medical malpractice cases in Kansas City, the liable parties can vary depending on the circumstances of the case. Medical malpractice lawsuits can involve various healthcare providers and institutions. Generally, anyone involved in providing medical care to the patient can be at fault for medical malpractice. This may include one or more of the following parties:
- Physicians: Doctors are responsible for properly diagnosing and treating their patients. If a doctor fails to provide the standard of care and causes harm, the doctor may be held liable for damages incurred by the patient.
- Nurses: Nurses play a critical role in patient care, including administering medication, monitoring vital signs, and providing support to patients. If a nurse fails to provide proper care and injures a patient, the nurse may be at fault for medical malpractice.
- Hospitals: Hospitals are responsible for ensuring their staff provides quality care to patients. If a hospital fails to implement proper policies and procedures or inadequately supervises its staff, it may be liable for medical malpractice.
- Other medical professionals: Physical therapists, pharmacists, radiologists, and other professionals involved in a patient’s treatment who failed to uphold adequate care may also be responsible for damages.
The lawyers at Goza & Honnold can investigate the details of your case and seek to obtain evidence of liability. We work with medical experts to evaluate your claim, providing all strengths and weaknesses. Experts review medical records and other available evidence to testify to the jury about whether the medical professional deviated from standard practices, and whether medical malpractice caused your injuries.
Identifying Multiple Parties in a Medical Malpractice Claim
Identifying multiple parties in a medical malpractice claim can be a challenging task, requiring a thorough investigation of the patient’s medical records and consultation with medical experts. The goal is to determine which parties may be liable for the patient’s injuries or harm.
In many cases, multiple parties may be involved in a patient’s care, increasing the likelihood of multiple parties being liable. For instance, a patient may receive treatment from various doctors, nurses, and other healthcare providers, each potentially contributing to the patient’s injuries.
To identify multiple parties in a medical malpractice claim, the plaintiff’s attorney may:
- Review the patient’s medical records: To identify potential defendants and understand the sequence of care.
- Consult with medical experts: To determine the standard of care and whether it was breached.
- Conduct interviews: With the patient, their family members, and other witnesses to gather detailed information about the patient’s care.
- Analyze the patient’s medical history and treatment: To identify potential causes of harm or injury.
This comprehensive approach ensures that all parties responsible for the patient’s injuries are identified and held accountable.
Joint and Several Liability in Medical Malpractice Cases
Joint and several liability is a legal concept that applies to medical malpractice cases involving multiple parties. Joint liability refers to a situation where two or more parties are responsible for a single act of negligence. Several liability, on the other hand, refers to a situation where each party is responsible for their own individual act of negligence.
In medical malpractice cases, joint and several liability can be beneficial to the plaintiff, as it allows them to seek compensation from one or more parties, rather than having to pursue each party individually. This can simplify the legal process and increase the likelihood of a successful outcome.
For example, if a patient suffers harm or injury due to the negligence of multiple healthcare providers, the patient may file a medical malpractice lawsuit against all the parties involved. If the court finds that each party is liable for a portion of the patient’s damages, the patient may seek compensation from one or more of the parties, rather than having to pursue each party individually.
This legal framework ensures that the plaintiff can recover the full amount of damages awarded, even if one or more of the liable parties are unable to pay their share.
The Benefits of Suing Multiple Defendants
Suing multiple defendants in a medical malpractice case can offer several benefits for the plaintiff. These benefits include:
- Increased likelihood of a successful outcome: By suing multiple defendants, the plaintiff may increase their chances of a successful outcome, as the court may find that one or more of the defendants is liable for the patient’s damages.
- Greater compensation: Suing multiple defendants can also result in greater compensation for the plaintiff, as the court may award damages against one or more of the defendants.
- Simplified legal process: Suing multiple defendants can simplify the legal process, as the plaintiff may only need to file one lawsuit, rather than multiple lawsuits against each defendant.
By strategically suing multiple defendants, plaintiffs can ensure that all responsible parties are held accountable, potentially leading to a more favorable and comprehensive resolution of their medical malpractice case.
Missouri Medical Malpractice Liability Laws
It is not uncommon for multiple parties to be involved in a medical malpractice case. For example, if a surgeon performed a procedure incorrectly, the hospital where the surgery was performed may also be liable if it failed to properly train the team or supervise the surgery.
Additionally, if a nurse administered the wrong medication, both the nurse and the hospital may be liable for injuries. However, when a medical malpractice case involves numerous contributing parties, they may only be responsible for their share of damages. This means that the total amount of compensation awarded may be divided among the liable parties depending on the degree of fault.
Mo. Rev. Stat. §537.067 states that if a liable party is found to be 51% or more responsible, then they will be jointly liable for damages. If a liable party is found to be less than 51% liable, then that party will only be responsible for its percentage of fault.
Speak With the Medical Malpractice Lawyers at Goza & Honnold
Proving liability in a medical malpractice case can be complex, especially when more than one party contributed to your injuries. Consulting with a medical malpractice lawyer is crucial in such situations. The lawyers at Goza & Honnold may review your medical records, work with medical experts, and conduct a thorough investigation to identify all the parties that may be named in a medical malpractice case.
To schedule a free consultation with one of our medical malpractice lawyers, fill out a contact form or call our office at (913) 451-3433.
Goza & Honnold, a trusted personal injury law firm serving Missouri and Kansas, is known for our dedication to client advocacy and trial excellence. With a strong focus on auto accidents, medical negligence, and product liability cases, our experienced attorneys work diligently to secure fair outcomes while being fully prepared to take cases to trial when necessary. We work closely with our clients to build strong cases that reflect their unique experiences.