Medical Malpractice Lawyer Toms River, NJ
A Toms River, NJ medical malpractice lawyer knows that many people think that it is impossible to sue a hospital for malpractice, especially one that is a public hospital that receives state funding. While there are cases of malpractice where the hospital is not liable for the mistakes of the patient’s doctor, there are also cases where the hospital does share in liability and can be sued.
The following is a brief overview of medical malpractice.
Under the legal doctrine of vicarious liability, hospitals are liable for the negligent acts of their employees. This is because the hospital allowed the employee the place and the power to act.
Hospitals are not liable for the acts of independent contractors or guests of the hospital. Most doctors are not hospital employees. They are considered independent contractors who are given privileges at the hospital. Legally, if the doctor has control of his or her own hours and fees, they are not considered a hospital employee.
Who Is Considered a Hospital Employee Under Malpractice Law?
Patients receive care from many medical professionals who are hospital employees and any one of these employees could commit a medical error that results in harm to the patient and requires the help of a Toms River medical malpractice lawyer. These medical professionals include nurses, paramedics, pharmacists, and multiple types of medical technicians. If this occurs, then the patient can sue the hospital for medical malpractice.
It is important to remember that just because a doctor is not an employee of a hospital, that doesn’t mean they cannot be sued for malpractice. The recovery of compensation may be less than if the hospital was also named as a liable party, but a victim can still prevail.
A medical malpractice lawyer can evaluate your case to determine who all the liable parties may be.
When You Need an Experienced Medical Malpractice Lawyer
Patients who are victims of malpractice often suffer extensive medical expenses and loss of income from being unable to work. There is often pain and suffering the victim endures, as well as sometimes being left with long-term, chronic, or permanent disability.
These are all damages, as well as other losses, that the patient may be able to recover in a medical malpractice lawsuit. If the patient dies because of the malpractice, their family may be able to pursue a wrongful death lawsuit against those responsible.
Filing a medical malpractice lawsuit against a doctor, hospital, or other medical facility can be overwhelming and even a bit intimidating. This is why having a skilled and seasoned Toms River medical malpractice lawyer representing you can make all the difference. The seasoned medical malpractice lawyers from DeNoia, Tambasco & Germann have extensive experience in handling malpractice cases and getting victims the financial compensation they deserve. For more detailed information on how we may be able to help you, contact our office for a free and confidential case evaluation.