A $3 million judgment was recently awarded to a family of a ten-year old girl born with multiple disabilities. The judgment was awarded against the midwife who oversaw and assisted with the birth at a Maine medical center. In California, an anesthesiologist was found liable for causing a brain injury due to lack of oxygen, resulting in a settlement with the anesthesiologist and a $2.25 million jury award against the medical center where the procedure was performed.
When we think of medical malpractice, we may think of doctors and surgeons in particular, but the concept of liability actually extends to just about any health care practitioner who violates an applicable standard of care. Besides medical doctors, we have midwives and anesthesiologists, as described above. Of course, an anesthesiologist is actually an M.D., as is a psychiatrist, who as a doctor can prescribe medicine and also be liable for medical malpractice. Who else can be held liable for medical malpractice?
Nurses, Nurse Practitioners, Physician's Assistants - All of these positions are licensed by the state, and all of these practitioners can be liable for failing to adhere to the appropriate standard of care. Lab technicians who perform tests incorrectly or report the results inaccurately may also be liable for the damage they cause.
Pharmacists - Doctors can be liable for prescribing the wrong medicine or the wrong dosage. A pharmacist could be liable for mis-filling the prescription or typing out the label incorrectly, leading to an improper dosage.
Hospitals - ambulatory, urgent care, treatment center. In general, employers are liable for the negligence of their employees. In the case of doctors and surgeons, however, it is not always clear whether the doctor was an employee of the hospital or an independent contractor with privileges to practice at the facility. In addition to the negligence of employees, another question is whether the hospital itself had adequate policies and procedures in place and adequately trained and supervised employees.
HMOs - Health Maintenance Organizations that refuse to pay for diagnostic tests or treatment out of cost concerns may be liable for injuries that result.
The hallmark of medical malpractice is professional negligence by a health care provider which deviates from the acceptable standard or level of care in the community. If your health has been compromised by anyone in the health care field, you should contact an experienced medical malpractice attorney to discuss the circumstances surrounding your case. In Colorado, contact Paulsen & Armitage, LLC.
