Hospital vs. Individual Liability

What Is Medical Malpractice?

Medical malpractice is a type of personal injury claim based on negligence. Medical malpractice cases differ from standard negligence cases because medical malpractice is based on professional standards for trained medical service providers, as opposed to the regular reasonable person standard in personal injury cases. Professional negligence is a difficult issue to approach, making it important to retain an experienced malpractice attorney.

Additionally, medical malpractice analyzes what the medical professionals should know and do in any given situation within their medical practice when determining their level of negligence. In other words, medical malpractice occurs in situations where the medical professional’s action or lack of action is the cause of a patient’s injury. The following types of incidents are among the most common causes of medical malpractice cases: 

• Surgery errors
• Medical misdiagnosis or delayed diagnoses
• Hospital related infections
• Childbirth injuries
• Retained foreign objects
• Failure to treat
• Anesthesia errors
• Prescription drug errors

It’s important to understand that there are many different injuries that can arise from these medical malpractice incidents, ranging anywhere from minor injuries to permanent disability or even death.

While the above may be among the most common types of medical malpractice cases, medical malpractice claims can vary significantly. 

If you or a loved one have been injured as a result of a medical professional’s negligence and you’re unsure whether you have a medical malpractice lawsuit, be sure to contact a medical malpractice lawyer in Las Vegas as soon as possible to ensure you file the claim within the appropriate statute of limitations. 

Medical Malpractice and Medical Negligence

The legal industry is filled with seemingly endless legal jargon that is often difficult to understand. However, if you’re filing a lawsuit, it’s necessary to understand the difference between these terms so you can determine whether you are pursuing the correct type of case. Otherwise, you may not be successful in seeking damages. This is yet another area where hiring an experienced medical malpractice attorney is essential to your success.

Among the more confusing legal terms to understand are medical negligence and medical malpractice. Despite sounding virtually the same, there are some crucial distinctions between these terms that an experienced attorney will be able to explain to you.

In personal injury law, negligence refers to a person’s failure to act in the way most reasonable people would in the same circumstances. People are expected to adhere to acceptable standards of behavior to ensure their own safety and that of others and to prevent property damage. When a person fails to behave this way, another person could be harmed. If a person is harmed, the victim can pursue a personal injury case against the negligent person.

While negligence also exists in the medical field, it utilizes higher standards than that of normal personal injury negligence. This is because it’s reasonable for patients to expect medical professionals to provide nothing but the best medical care. If a medical professional fails to attain this higher standard of care may be found liable for negligence. 

When a medical professional is negligent, and their negligence causes a patient harm, the medical professional can be sued for medical malpractice, as opposed to simply medical negligence. To win a medical malpractice claim, a patient’s attorney must demonstrate that the medical professional’s negligence resulted in the patient’s injury in question.

Can a Hospital Be Held Liable for Medical Negligence?

Like any other employer that may be held liable for negligence or wrongdoing of its employees, a hospital can be held liable for medical negligence caused by any of its staff members. Hospitals should want their staff to reflect nothing but the best medical care for patients, and any failure to do so is likely to be a reflection on the hospital itself.

Since there are many ways in which a hospital may fail to meet its legal obligations to a patient, it’s essential to consult an experienced Las Vegas medical malpractice lawyer as soon as possible to determine whether you have a legitimate case against the hospital in addition to any medical professionals.

Should a Hospital Be Liable for Injury?

Since the hospital is the employer of the negligent medical professional, they can be held liable for the injury. However, the extent of the hospital’s liability may depend on the facts surrounding the case. If you are unsure whether the hospital should be held liable for your injury, be sure to discuss the situation with your medical malpractice attorney.

Who Accepts the Responsibility and Liability in a Medical Error?

Given the complexity of medical malpractice cases, it is unsurprising that the answer to this question isn’t as simple as it may seem. Depending on the specifics of the case, liability and responsibility may be accepted by the healthcare professionals themselves, the facility in which they were working at the time of the incident or even insurance companies. 

How Can an Experienced Medical Malpractice Attorney Help?

Retaining an experienced medical malpractice attorney to handle your claims can be the difference between losing your case or reaching a million-dollar settlement. If you’re looking for an attorney to confidently plead your case and ensure you receive maximum compensation for your damages, contact Adam S. Kutner as soon as possible. 

Our Las Vegas accident attorneys have years of experience and thousands of satisfied clients, making us well-versed in evaluating your case to determine what causes of actions should be pleaded and what claims you can make. Not only do our medical malpractice attorneys know how to draft the claim to state your case correctly, but we can also guide you in collecting relevant evidence to build the strongest argument possible to ensure you not only receive maximum compensation but the justice you deserve.

Boeschen, C. Can I Sue a Hospital for Medical Malpractice? 

Chapter 41A – Actions for Professional Negligence.

Goguen, D. Medical Malpractice Claims and Settlements.

Medical Malpractice.Negligence.