Are Doctors the Only People I Can File Medical Malpractice Against?
Is the doctor the only medical professional you can sue if you have been injured? No, Medical malpractice lawsuits may seek compensation from individual healthcare professionals and staff and from the organizations that employ them.
How do you know if you have a medical malpractice case? First, you must prove there was a relationship between you and the medical professional and this relationship gives rise to a duty of care. Next, you must be able to prove the medical professional breached their duty of reasonable care. Finally, you must prove you have suffered injury or loss from the breach of duty.
So who is considered a medical professional? It can include a variety of individuals, not just doctors. Medical professionals who may be held liable for injuries in a medical malpractice claim include the following:
- Dental hygienists
- Emergency medical technicians (EMTs)
- Nurse anesthetists
- Nursing aides
- Physician's assistants
- Therapists (physical and psychological counselors)
It is also not unusual for medical institutions to also be held liable for injuries from the negligent actions of their employees. For instance, in some cases you may also be able to file a medical malpractice claim against hospitals, medical centers, outpatient medical care centers, ambulatory surgery clinics, abortion clinics, nursing homes, rest homes, convalescent homes, skilled nursing facilities (SNF), intermediate care facility, and rehabilitation centers such as physical therapy or alcoholism or drug abuse centers.
The new Bankruptcy law in 2005 created a means test to determine eligibility for a Chapter 7 bankruptcy.