It is clear that a doctor, dentist, or another medical professional who causes harm to a patient through negligence is responsible for their actions. A patient who suffers these injuries can demand that these providers compensate them for their medical bills and emotional traumas.
However, a claim is not complete until the plaintiff demands payments from all liable parties. These can include partners, supervisors, and even hospitals that employ or work alongside medical professionals. Our team of experienced attorneys can prove all defendants’ liability in Columbus medical malpractice cases.
Joint Fault in Cases with Multiple Defendants
Ohio Revised Code §2307.22 details the state’s law concerning joint and several tort liability. It provides that multiple defendants who are all negligent in an act are equally liable and responsible to provide compensation. Applied to Columbus medical malpractice cases, this means that a pair of doctors who make an error during a surgery can both be defendants in a lawsuit for compensation. A jury will determine which party shares the responsibility for the malpractice and order each of them to pay their share of the damages. Our dedicated attorneys can help you file a medical malpractice claim against all responsible defendants.
When Would an Employer or Partner be Liable?
If a medical provider is a sole practitioner, such as a family doctor, they are the only party who may carry legal liability for an act of malpractice. However, it could be beneficial in these cases to examine the business structure of a doctor’s or dentist’s office.
Many doctors enter into partnerships to share resources and profits. This makes every member of that partnership jointly liable for any tortious acts of the others. Under Ohio Revised Code §1776.36, the law presumes this liability structure within a partnership to hold unless a partnership agreement says otherwise.
Another potential legal dynamic that could change a person’s case is when a doctor is an employee of a hospital or large medical practice. In these cases, their employers share liability for any tortious acts that occur in the course of performing work under the theory of respondeat superior. This law concept states that an employer is liable for the actions of their employees that cause accidental harm to others. Therefore, liability in Columbus medical malpractice cases may affect partners and employers in addition to negligent doctors.
An Attorney Could Determine Liability in Medical Malpractice Cases
Your primary concern after suffering harm from medical malpractice is to make your best possible recovery. However, you also need to consider how you will pay your bills and recover compensation for your losses. A major part of this process is to identify all possible defendants.
The careless doctors who committed the error are always responsible for their actions. However, if the doctor is a part of a partnership, that partnership may also be considered liable. In addition, the physician’s employers may share responsibility through the concept of respondeat superior. Our team of dedicated and compassionate attorneys can help you to determine liability in Columbus medical malpractice cases and fight for every dollar of compensation from all proper defendants. Schedule your initial case consultation today.