At Lytal, Reiter, Smith, Ivey & Fronrath, we understand the complexities in determining whether to pursue legal action against a doctor or a hospital for medical malpractice. This decision is critical and hinges on numerous legal nuances that can profoundly affect the outcome of your case.
Keep reading to learn whom you can sue in a medical malpractice case. When ready to start, call our West Palm Beach medical malpractice lawyer at (561) 655-1990.
Understanding legal distinctions
The pivotal aspect of deciding whom to sue—the doctor or the hospital—largely depends on the relationship between the healthcare provider and the medical facility. Under the doctrine of “respondeat superior” (let the master answer), hospitals are typically responsible for the actions of their employees. However, many doctors operate as independent contractors, not hospital employees, influencing the direction of legal accountability.
Identifying the responsible party
When to sue the doctor
If the doctor is an independent contractor, common among surgeons, specialists, and anesthesiologists, they might be sued directly. Doctors are also liable if their actions cause harm, such as surgical errors, misdiagnoses, delayed treatments, or failure to obtain informed consent.
When to sue the hospital
If your injury resulted from an error made by hospital staff, such as nurses or technicians, the hospital itself may be held liable. Additionally, systemic failures like inadequate training, understaffing, or subpar hospital administration can also be grounds for a lawsuit against the institution.
Determining employee status
To discern whether a doctor is an employee or an independent contractor, several factors need consideration:
- Does the hospital dictate the doctor’s hours and vacation time?
- Does the hospital control the doctor’s fees?
- Does the hospital manage the administrative tasks of the doctor’s practice?
Affirmative answers suggest an employment relationship; negatives suggest an independent contractor status.
Florida statutes and medical malpractice
Under Florida Statutes 766.102, proving medical malpractice necessitates demonstrating that care deviated from accepted professional standards. This often requires both legal expertise and medical evaluations, where Lytal, Reiter, Smith, Ivey & Fronrath excel due to our extensive experience and deep understanding of legal and medical contexts.
Steps to take if considering a lawsuit
- Consult a lawyer: It is crucial to engage with an experienced medical malpractice attorney. Our team at Lytal, Reiter, Smith, Ivey & Fronrath can assess the viability of your claim and identify the appropriate party to sue based on detailed case analysis.
- Gather documentation: Amass all relevant medical records, financial receipts, and any communications about your treatment.
- Understand the statute of limitations: Florida typically allows two years from the date of the incident or the discovery of the injury to initiate a medical malpractice lawsuit.
We’re here to make the lawsuit process go as smoothly as possible
Deciding to sue a doctor or hospital requires a thorough evaluation of the specific circumstances of the medical error. With the guidance of a seasoned attorney from Lytal, Reiter, Smith, Ivey & Fronrath, you can navigate these challenging waters confidently, ensuring your legal actions are appropriate and effective.
For personalized guidance on your medical malpractice concerns, contact Lytal, Reiter, Smith, Ivey & Fronrath at (561) 655-1990 to schedule a free consultation. Let us help you secure the justice and compensation you rightfully deserve.
