When you have a negative experience as a patient in the state of New York and you suffer as a result, it is likely that you will want to take action and do something about it. However, medical malpractice cases can be confusing for those making a claim, since it can be difficult to know which party is responsible.
This is why it is important that all victims of medical malpractice take the time to read about how the law works in the state of New York, and who is liable for the incident at hand.
When you have gone through the experience of a botched surgery, misdiagnosis or were prescribed a medication that had harmful side effects, it is probable that you will, first of all, blame the doctor, surgeon or nurse that treated you, and you may believe that they are liable. While this may be true, the law functions so that other parties are often responsible for an individual's actions.
When can the hospital be held liable for medical malpractice?
When a doctor or a nurse is found to have exercised medical malpractice, the hospital that they are employed by may be held liable as a result. This can happen for many reasons, but, in general, a hospital can be found to be liable for their staff's actions through the principle of vicarious liability.
Vicarious liability means that employers can be responsible for their employees' actions if the employee was negligent when performing work duties. This is because the employer has the legal responsibility to ensure that all of their workers are competent and fully trained individuals.
When can pharmaceutical companies be held liable for medical malpractice?
When a drug has potential side effects, they must be listed and patients must be warned. The drug must be considered reasonably safe to use, However, sometimes after manufacture, drugs can cause patients to suffer from dangerous side effects that they were not warned about. In situations such as these, the pharmaceutical company can be held legally liable.
If you have suffered unreasonably as a patient in New York, it is a good idea to take action so that you can get compensation for the negative experience that you had.