Various healthcare professionals (aside from your doctor) can be sued for malpractice, most especially if their actions/inactions have directly caused damages.
A nuclear verdict is defined as a jury verdict that amounts to at least $10 million. Over the last decade, medical liability cases accounted for around 22.5% of all nuclear verdicts in the state of New York. From 2013 to 2022, New York also consistently had the highest total payouts for medical liability among all US states.
Medical liability payouts are warranted for healthcare providers who fail to meet the standard of care – causing eventual patient harm. This can involve misdiagnosis, surgical errors, medication mistakes, negligent treatment, etc. A medical malpractice claim may be established so that victims may be compensated legally. Such claims would require an extensive investigation from specialized lawyers and medical professionals.
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Who Can You Sue for Malpractice Besides Doctors?
While medical malpractice cases often involve doctors, several other healthcare professionals can potentially be sued for malpractice as well. These include the following:
| OCCUPATION | POTENTIAL ERRORS |
| Nurses | - Medication administration errors - Failure to monitor the patient's condition - Improper use of medical equipment - Failure to communicate critical information to doctors |
| Pharmacists | - Dispensing the wrong medication or dosage - Failure to identify drug interactions - Mislabeling medications - Providing incorrect medication instructions |
| Dentists | - Performing unnecessary procedures - Nerve damage during procedures - Improper use of dental tools - Failure to diagnose oral diseases or cancer |
| Chiropractors | - Spinal manipulation errors causing nerve damage - Failure to diagnose serious conditions - Performing manipulations contraindicated for the patient's condition |
| Physical Therapists | - Pushing patients beyond safe limits - Improper use of therapy equipment - Failure to monitor patient progress - Recommending harmful exercises |
| Psychologists/Psychiatrists | - Breach of patient confidentiality - Misdiagnosis of mental health conditions - Improper medication management (for psychiatrists) - Failure to prevent self-harm in high-risk patients |
| Optometrists | - Misdiagnosis of eye conditions - Prescribing incorrect corrective lenses - Failure to detect serious eye diseases - Improper use of diagnostic equipment |
| Anesthesiologists | - Dosage errors in anesthesia administration - Failure to monitor vital signs during surgery - Improper intubation - Failure to recognize allergic reactions |
| Midwives | - Failure to recognize pregnancy complications - Improper techniques during delivery - Delayed referral to specialist care when needed - Mismanagement of postpartum care |
In a nutshell, any medical professional who has worsened your health while being under their care may be held legally liable. Healthcare facilities can also be sued for medical malpractice – including hospitals, clinics, nursing homes, and other medical centers. These facilities can be held liable for institutional negligence or for the actions of their employees.
Common grounds for suing healthcare facilities include:
- Inadequate staffing or training
- Failure to maintain sanitary conditions
- Equipment malfunction due to poor maintenance
- Improper medication management systems
- Failure to follow proper safety protocols
- Negligent hiring or retention of incompetent staff
- Breach of patient confidentiality
- Inadequate security leading to patient harm
How Do You Establish a Medical Malpractice Claim?
To validate a claim, medical malpractice experts collaborate with reliable medical consultants to identify and confirm four key elements during a preliminary investigation. These key elements are as follows:
| Duty of Care – Was there an appropriate doctor-patient relationship? |
| Breach of Duty – Did your doctor perform poorly/negligently based on accepted standards of care? |
| Causation – Did your doctor’s actions/inactions directly cause you harm? |
| Damages – What did these errors cost you (medical, emotional, financial, etc.)? |
All medical expenses (past and future) are accounted for in all medical malpractice claims. Apart from medical bills, other economic and non-economic losses are also factored in – lost income, emotional trauma, and decreased quality of life are some of the more common inclusions.
Important Documents for Your Claim
When trying to establish a claim, you need to gather every piece of information you can. Any additional pieces of evidence only further strengthen the validity of your claim. Generally speaking, the following documents may be needed:
- Medical Records – Complete documentation of the patient's treatment, including doctor's notes, test results, and medication history. These provide a chronological account of the care received.
- Informed Consent Forms – Documents signed by the patient acknowledging they were informed of the risks associated with a procedure. These can be crucial in determining if the patient was properly informed.
- Expert Witness Statements – Written opinions from qualified medical professionals supporting the claim that malpractice occurred. These are often required to establish that the standard of care was breached.
- Incident Reports – Official records of any accidents or unusual occurrences during treatment, often filed by hospital staff. These can provide important details about what went wrong.
- Medical Bills – Comprehensive list of all medical expenses related to the alleged malpractice. These help quantify the financial damages incurred.
- Employment Records – Documentation of lost wages or reduced earning capacity due to the injury. These support claims for economic damages.
- Photographic Evidence – Images of injuries, surgical sites, or medical equipment involved in the incident. Visual evidence can be compelling in demonstrating harm.
- Communication Records – Emails, letters, or recorded calls between the patient and healthcare providers. These can reveal important information about the care provided.
- Prescription Records – Detailed list of medications prescribed, including dosages and frequencies. These are crucial in cases involving medication errors.
- Insurance Documentation – Records of insurance claims filed and payments made related to the incident. These help establish the extent of damages and any coverage disputes.
Do note, however, that legal representation may be needed when requesting for some of the documents listed above.
Need Legal Assistance for Your Medical Malpractice Claim?
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Speak to a Medical Malpractice Lawyer
At the Porter Law Group, our team of proven medical malpractice lawyers deliver ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
