Medical malpractice claims are complex and daunting if you are facing them alone. At the Law
Offices of Heath D. Harte we have had many clients come to us after unsuccessfully trying to
handle their cases on their own. Our Stamford injury attorneys have encountered many questions
about medical malpractice; here are some of the frequently asked.
What are some of the most common mistakes that amount to medical malpractice?
Medical malpractice claims arise when a patient is harmed because a medical professional or
facility failed to perform competently under medical standards. Some of the common
malpractice errors include:
ï‚· Failed to diagnose or misdiagnosed an illness or condition
ï‚· Did not follow proper procedure in treating a patient, or
ï‚· Forgot to inform a patient of known risks of a procedure or medication.
If the doctor makes a mistake while treating me in hospital, which is legally responsible?
For the most part, hospitals are not responsible for doctor’s medical malpractice lawsuits as most
doctors are not hospital employees, but rather independent contractors. But there are several
exceptions to this rule.
ï‚· A hospital might be responsible for a non-employee doctor’s medical malpractice if the
hospital does not make it clear that the doctor is not an employee. This happens often in
ER situations.
ï‚· Some states allow patients to sue hospitals if the hospital gave staff privileges to a non-
employee doctor who was incompetent or dangerous doctor.
I was injured because a nurse gave me the wrong drug. Who is responsible?
If a nurse commits malpractice, hospitals are often liable. A hospital may be legally and
financially responsible for a nurse’s negligence if:
ï‚· The nurse was a hospital employee
ï‚· The nurse was fulfilling a job duty when the patient was injured, and
ï‚· A non-employee doctor did not maintain proper supervision over the nurse.
If you or a loved one has been injured by medical malpractice, you need the help and experience
of the Law Offices of Heath D. Harte. Click here or call us today at (800) 928-9320 to speak
with a Westchester medical malpractice lawyer.
Medical Malpractice FAQs
by Heath Harte on Oct. 07, 2015
Summary
This article explains the most common mistakes you see in medical malpractice, what happens if a nurse gives you the wrong drug and which is responsible if a doctor incorrectly treats you while you are in the hospital.