Who Can Be Held Liable For Medical Malpractice?


Who Can Be Liable For Medical Malpractice

Any licensed healthcare provider can be found liable for medical malpractice. Other then doctors, this can include, but is not limited to nurses, pharmacists and nursing homes.

doctorNursing Malpractice

Nurses are an important part of a health care system and their services and staffing needs must be well coordinated in order to provide appropriate levels of patient care.

When you are hospitalized, you are placed directly under the care of the hospital and it’s frontline staff which usually will include a nurse or nurse assistant.

Nurses have various responsibilities that include the duty to monitor the patient’s condition, record the results of the monitoring through proper charting, and timely notify the doctors of the patient’s change in condition when appropriate.

Most of the time nurses provide excellent care. However, in some cases they may fail to dispense the correct medications or misinterpret dangerous warning signs or fail to recognize medical emergencies and fail to contact the appropriate doctors to respond.

Pharmacist Malpractice – Wrong Prescription

In personal injury law, pharmacist malpractice is the failure of the pharmacist to exercise that degree of skill expected when compared the skill of other pharmacists with similar training from the same or similar geographical location. Acts that fall below that standard of care are considered malpractice. For example, if the pharmacist should have known the medication for a particular patient was contraindicated, the immediate responsibility of the pharmacist would be to contact the physicians office to verify the prescription and dosage and to caution the patient of the drugs possible adverse effects.

If you receive the wrong medication for your condition and as a result, suffer serious illness, it is likely that you will have a malpractice claim against both the doctor for prescribing the wrong medication and the pharmacist who dispensed the drug.

Nursing Homes Negligence

Residents of nursing homes are potentially very vulnerable to negligence claims.  Over-medication and neglect are present all too often in nursing homes.  Many states have separate laws covering elder abuse to address this problem.

In some states, if the misconduct of nursing home staff constitutes more than simple medical negligence, elderly persons can bring an action for Elder Abuse.  Quite often, in such instances, damages are increased and remedies not available in other cases are allowed.

For more information on personal injury law see the related discussions below:

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