At the Law Office of Melvin L. Vatz, we care about your injury case and want to help you make the most of it. When you put your trust in the hands of medical professionals, you expect just that – somebody who is going to treat you with professionalism and help you get better, whether you’re dealing with an illness or injuries. However, each year, many people are injured at the hands of a medical professional because they breached their duty of care to a patient. This ends in medical malpractice cases.
When you put your faith in a medical professional, you expect the very best care. How do you prove fault that another party is liable for your injuries? Today we will look at some of the parties who a claim can be brought against and how to hold them liable for damages.
Who is Liable?
Hospitals: You may instantly believe that the professional who acted negligently is liable for your injuries, and this is true. However, if they work for a hospital, a concept known as “vicarious liability” could apply to your case. Under vicarious liability, a hospital is responsible for the actions of its employees when they are working within the scope of employment. Hospitals are only supposed to hire the best to ensure that their work ethics are held to the standard and that all medical professionals are trained and licensed to their ability. Perhaps a hospital failed to look into the credentials of a professional.
Pharmaceutical Companies: Sometimes, a pharmaceutical company can also be held liable in cases where a patient has endured injuries. This is especially true if a drug is known to cause harm and the company distributed it anyway, causing many people to fall ill due to its side effects. Some drugs are considered to be “unreasonably dangerous,” which falls under product liability law.
Holding a Party Liable for Damages
If you can show that a specific party is liable, you may be able to claim damages. Patients who have been injured by an unprofessional healthcare provider have the ability to claim a variety of damages, such as medical bills relating to their case, loss of enjoyment of life when the side effects have given them significant damage and lost income when the patient has missed out on work opportunities. The many damages that a patient can claim include those on general, special, and punitive levels.
You see punitive damages in a variety of medical malpractice cases, though the court will not always reward them based on the circumstances of the claim. If they do, punitive damages are those that are meant to punish the defendant so that it deters they and other medical professionals from causing the same harm to patients in the future. An example of this is a doctor who negligently leaves a sponge in a patient during surgery. If you have suffered immensely due to this, you may be able to make a claim for these damages.
We can help if you have been injured at the hands of a medical professional. We understand that these professionals are supposed to do everything in their nature to care for you to the best of their ability. If they have breached this duty and broken your trust, you may be able to gain compensation for a variety of aspects. At the Law Office of Melvin L.Vatz, we want to help you in every way. Call us today at 412-391-3030.