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When you have sustained a severe injury or had an illness get worse because of a doctor’s misconduct, it is understandable to assume that the doctor who gave you subpar care should be legally liable for your losses. In most situations, the question of who holds liability in Philadelphia medical malpractice claims can be challenging, especially if many people were involved in your care.
Guidance from a practiced medical malpractice attorney at Lowenthal & Abrams can be vital to determining who should be held accountable for substandard medical care and to hold them accountable through civil litigation.
What Is the Standard of Care for a Doctor?
The main difference between traditional negligence claims and medical malpractice claims is that the former typically centers around a breach of a duty of care. At the same time, the latter revolves around a breach of a standard of care. For example, people, such as motor vehicle drivers and landowners, are expected to act responsibly as part of their duty of care. However, healthcare professionals must act as equally qualified medical professionals under specific conditions.
This knowledge means that medical professionals are given a bit of legal leeway for minor errors and mistakes that someone else, like a driver involved in an auto accident, might not receive. For instance, if a doctor misdiagnoses a patient in a crowded Philadelphia emergency room, they might not be legally liable for that medical mistake because any capable doctor working under the same circumstances may have made the same error. On the other hand, a misdiagnosis by a family doctor during a private office visit would be a different matter altogether. Our diligent attorneys at Lowenthal & Abrams can further explain any options related to a case.
Holding Medical Facilities Liable for Malpractice
Another detail about liability in medical malpractice claims in Philadelphia is that multiple people and sometimes even multiple organizations may be legally liable for a single injury or illness. In the former context, medical teams, particularly in hospital and urgent care facilities, consist of numerous professionals with different specialties who all contribute to a single patient’s care, and various mistakes by different team members may play a role in causing a malpractice injury.
In the latter context, the legal doctrine of respondeat superior often allows employers to be held vicariously liable for negligence by someone in their employ, even if the employer was not negligent at an organizational level. Alternatively, organizational negligence may lead to the hiring of unqualified doctors or the improper maintenance of safety standards, which can constitute breaches in an applicable standard of care on their own.
Our Philadelphia Attorneys Can Help You Establish Liability in a Medical Malpractice Claim
Determining how a medical error happened can be extraordinarily complex and time-consuming, even when there is a detailed paper trail and other evidence indicating when, where, and how something went wrong with your treatment. It can be difficult to identify who should be held accountable for your poor treatment, especially when you try to file suit alone.
Support from a knowledgeable legal professional at Lowenthal & Abrams can be essential to efficiently establish liability in Philadelphia medical malpractice claims. Call today to learn more about your options.
