In order for the doctor to be found liable for malpractice, there is generally a multi-part test that must be followed. The first thing is that the doctor must owe a duty of care to someone. This will usually be satisfied when the doctor assists a person whether they are a paying patient of that doctor or not. Then, the plaintiff would need to show that the doctor acted in a manner that a reasonable doctor would not and that those actions caused the patient’s injury.
Patients will often name additional parties in a malpractice lawsuit. When the doctor is employed by a medical practice or a hospital, the facility can also be found liable for the doctor’s negligence. In addition, if someone on the doctor’s staff has made a mistake, the doctor is responsible as their supervisor. This also includes interns and medical students whom the doctor supervises. Sometimes, the hospital will try to prove that it has no control over the actions of the doctor because the power to direct is the basis for a vicarious liability claim.
Medical malpractice claims require the plaintiff to make a showing that the doctor did not act as a reasonable doctor would. This often requires the use of scientific evidence and expert witnesses. A medical malpractice attorney may help their client document their claim. They might also work with medical experts to help prove the claim. The attorney may be able to handle negotiations with the doctor if they choose to settle the case.