Medical malpractice victims often want to know who will be affected when they file a lawsuit. They may like one doctor that they perceive as being the “hero.” But they want to take the doctor that they perceive “screwed up” for everything he is worth.
Hospitals and physicians have complex legal relationships. Some doctors are employees of the hospital; some are not. Sometimes a physician will be a part of a professional medical group that has a contract with the hospital to provide certain services, but not other services. Sometimes a practice group’s staff is covered by a separate insurance policy than the physicians. These agreements often outline who is responsible for various medical care. While you may perceive that one physician was the “hero,” or that another physician “screwed up,” it may turn out the exact opposite.
Filing a Lawsuit
Once a lawsuit is filed, doctors will turn on one another behind the scenes, taking any opportunity they can to avoid paying fair compensation for your injuries. This will include blaming other medical care providers, whether it initially appears that they did anything wrong or not. Your attorney’s job is to make sure you get fully compensated for you injury. To do this, we must account for possible defenses that a defendant my try. If you choose not to sue a certain doctor, because you initially view him as the “hero,” you open yourself up to failing to receive full compensation for your injuries if the defendant later attempts to blame some of your injuries on the doctor you didn’t sue.
Sue the Correct Person
Choosing who to sue is an involved decision that should only be made after fully evaluating all of the care provided, and all of the possible defenses to that care. The decision should be made in consultation with experienced medical malpractice attorneys that understand the pitfalls of litigation. If you need help with a medical malpractice lawsuit, please contact the attorneys at G. Eric Nielson & Associates.