Medical Negligence Lawyer Orlando, FL
One of the most common questions a medical negligence lawyer in Orlando, FL from Needle & Ellenberg, P.A. gets is a client asking who they can file a medical malpractice lawsuit against. For example, if a nurse gave you the wrong medicine, would you file a lawsuit against the nurse or the hospital? This question may seem complex, but it actually has a very simple answer with the help of a medical malpractice lawyer Orlando trusts. This guide will explain everything you need to know.
Who You Can Sue
So first things first, there are two potential defendants in a medical malpractice case:
- An individual physician
- The hospital
An Orlando, Florida medical negligence lawyer knows that both of these potential targets are valid in certain circumstances. Most of the time, it is more reasonable to file a lawsuit against an individual rather than a hospital. Most attorneys will advise you to sue the individual physician whenever possible. However, there are some situations where it really is more appropriate to bring a lawsuit against the hospital itself.
Why You Should Sue an Individual
Even ignoring the circumstances of medical malpractice, there are some very good reasons to limit your lawsuit to a specific physician. First, hospitals have more resources to pour into a legal defense than an individual person will. This makes it harder to win a medical malpractice case against a hospital. Second, most hospitals purposefully hire doctors as contractors rather than employees. This distances the doctors from the hospital legally. A lot of the time, a lawsuit against a hospital will fail simply because the hospital is not held liable for the mistakes of the doctor and your Orlando, FL medical negligence lawyer can help you determine which is the case.
When You Should Sue Which
So, when should you file a lawsuit against a doctor versus a hospital? If the medical malpractice is a mistake that the doctor made, then you should limit the lawsuit to that individual alone. Common examples of this kind of situation include a doctor misdiagnosing an illness, a nurse administering the wrong medicine, a surgeon making a mistake during surgery, or an injury that occurs during a medical examination.
If the injury is the result of an administrative error or unsafe hospital environment, then the hospital can be held liable and it is probably smarter to target the hospital. Examples of this kind of situation include a hospital failing to maintain medical equipment, medicine going to the wrong room, or the hospital failing to ensure a doctor’s competence before hiring.
Get the Help You Need For Your Malpractice Case From a Medical Negligence Lawyer Orlando, FL Patients Trust!
This can be a difficult matter to sort out, so you should take the time to consult with an attorney who specializes in medical malpractice before you file your lawsuit. Speak with a trusted Orlando, FL medical negligence lawyer from Needle & Ellenberg, P.A.