Client Testimonials

Constantly Helps Those Around Him

John is knowledgeable and experienced but more than that he is a good human. He helps those around him on a consist basis, offering lawyers advice, giving of himself and his office.…...Read More

A Top Notch Choice For Legal Representation

I have owed Attorney Fisher this 5 star review for some time now and am finally getting to it. I am a young Attorney in CT and I learned about Attorney Fisher…...Read More

Knowledgable, Compassionate, and Caring

I recently contacted Attorney Fisher to discuss a potential medical malpractice claim. Like most when calling an Attorney I had hundreds of questions and needed answers. Attorney Fisher was both kind and…...Read More

A Gift To Other Attorneys

What thorough, practical, real world, business development information he has provided for you in his books entitled The Power of a System and The Law Firm of Your Dreams. He really gets…...Read More

No Other Attorney I Would Rather Work With

John Fisher is extremely knowledgeable and an incredible person. There is no other attorney I would rather work with, or trust to handle something as important as a medical malpractice case....Read More

After a Car Accident, Can a Doctor Be Liable for New York Medical Malpractice?

Laws, Medical Malpractice Mistakes

Here is an interesting issue on liability and damages: What happens when a victim of a car accident is rushed to a hospital in serious condition, but then the hospital commits medical malpractice and kills the patient who would have otherwise survived?

On one hand, the patient could not be at the hospital if it was not for the car accident.

On the other hand, the patient may not have died if the hospital did not kill the patient.

Who is at fault?!

Generally, the original tortfeasor will be liable for all injuries proximately caused by his or her injuries. This means that the tortfeasor would be the person who caused the car accident. That individual would be liable for all injuries and acts that reasonably flowed and were not too far removed from the chain of causation. It is commonly known as a “bubble” of liability.

Thus, when a victim is injured at the hospital by medical malpractice, the person who cause the car accident would be liable for the medical malpractice.

HOWEVER, the original tortfeasor is NOT liable for negligent acts which cut off the chain of causation. These are known as superseding causes. Generally, gross medical malpractice will be determined to be a superseding cause. This means that the doctor and hospital will be liable for the medical malpractice, but not the original tortfeasor. This superseding cause of medical malpractice is important.

For instance, if the hospital made a small, negligent mistake, the person who caused the car accident will be liable for the medical malpractice. If the hospital made a grossly negligence error, like operating on the wrong body location or removing the wrong organ, the person who caused the car accident will likely not be liable for the medical malpractice—the hospital and doctors will be.

But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com. You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.