(845) 802-0047If you were injured while receiving medical care, you have the option to seek legal remedy for your damages. However, before you file a lawsuit, it is important to determine who may be liable. In some cases, multiple parties could bear liability—but if all liable parties are not named in a lawsuit, you might not receive the full value of compensation to which you may be entitled.
An important step towards recovering after medical care injuries is to prove liability in a Troy medical malpractice case. With the help of a seasoned medical malpractice lawyer, all potential defendants in a claim may be named for you to effectively seek fair compensation from.
Negligence and Liability in Medical Malpractice
Negligence and liability are often the cornerstones for a favorable outcome in a Troy medical malpractice lawsuit. However, the burden of proving who was negligent and subsequently bears liability falls on the plaintiff and their attorney.
First, the plaintiff must demonstrate that the defendant possessed a duty to provide medical care that was in line with the accepted standards. If the care provided was not in line with this standard, the defendant’s actions may have resulted in a breach of their duty. Breaches of duty that cause injuries and harm, such as additional medical expenses or pain and suffering, may result in a defendant bearing civil liability for their actions.
Liability in Multiple-Defendant Claims
It is not uncommon for a plaintiff to name more than one defendant in a medical malpractice case. Such defendants may include any physicians or nurses who treated a plaintiff, other medical staff, laboratories, and medical equipment manufacturers.
Vicarious Liability
Determining liability in a Troy medical malpractice case can be difficult, especially when considering vicarious liability. Vicarious liability is a legal doctrine that holds one party responsible for the acts of another. In the case of medical malpractice, this means it is possible to name not just the doctor or medical staff as liable parties, but their employer as well. When a malpractice action occurs under the scope of a medical professional’s employment, a hospital might be vicariously liable for the actions of their employee.
Generally, vicarious liability requires an employee’s negligent conduct to have been reasonably foreseeable and related to their stated employment duties. However, an employer does not have to foresee the exact situation that led to injury or the exact manner of injury, for this doctrine to apply.
Plaintiff Liability in a Medical Malpractice Case
In some cases, a plaintiff may be held partially liable for their own actions. This concept, referred to in the State of New York as pure comparative fault, allows the court to assign a percentage of fault to the plaintiff if they see fit.
Bearing fault for a potential injury does not prevent a plaintiff from recovering damages in Troy, even if the plaintiff bears the majority of fault for their injuries. However, the court may reduce the total value of monetary damages by the plaintiff’s corresponding percentage of fault.
How an Attorney Could Help Prove Liability in a Medical Malpractice Claim in Troy
Though seeking compensation in a malpractice lawsuit may be confusing, especially if multiple parties could bear liability, it is possible—and often worthwhile—to seek monetary compensation from the individuals responsible for your injuries. By hiring an attorney with experience identifying liability in a Troy medical malpractice case, you could have a better chance of ensuring anyone who holds fault is named and sued accordingly for restitution. Reach out today to discuss your claim and seek professional help with proving liability for your injuries by an irresponsible medical professional.