Many people think of a doctor or a surgeon making a mistake when they think of medical malpractice. Certainly, many medical malpractice claims are the result of physicians making terrible mistakes or surgeons performing the wrong procedure.
These malpractice claims may involve insurance claims or possibly a civil lawsuit. Individual medical practitioners often carry malpractice insurance to protect them from liability for their mistakes. However, incorporated medical practices and medical facilities often carry malpractice insurance as well.
The reason why is simple. Medical malpractice often involves those working underneath a doctor, such as nurses, imaging specialists and pharmacy technicians. Medical care providers need coverage that extends to everyone they employ and the whole business, not just specific doctors.
Can you hold the facility responsible?
Unlike doctors, nurses, phlebotomists and x-ray technicians rarely carry their own malpractice insurance. They rely on their employer to insure them. Although mistakes could impact their employment or licensing, they rarely face direct financial consequences for medical errors.
Often, you won’t be in a position to take direct action against a nurse who dispensed the wrong medication. However, you may be able to take legal action against the facility where the mistake occurred or possibly the physician theoretically overseeing the nurse who made a mistake. Proof that the standard of care was inadequate and that you suffered real harm is crucial for successful medical malpractice claims.
You don’t need to have conclusive evidence that a doctor is directly responsible for your poor medical outcome. You may be able to bring a claim against the facility itself rather than the individual directly responsible for the situation. Understanding the rules that govern medical malpractice claims can help you seek compensation when you get hurt at the hospital.