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Who can be named as a defendant in medical malpractice cases?

One of the most important points that you have to determine in a medical malpractice case is what parties are going to be named as defendants in the case. This can vary greatly depending on the circumstances of the malpractice. With that in mind, you will have to carefully consider the events of the case so that you can determine who is going to be named as a defendant.

Can more than one party be named as a defendant?

You can name multiple defendants in a medical malpractice lawsuit. You shouldn't just think of people and parties to add to the claim for compensation. Instead, you need to consider who could have prevented the malpractice from occurring. The answer to this isn't always simple. In some cases, the doctor, nurse, or medical professional might seem like the defendant, but there might be other defendants that can be named.

What parties besides doctors and nurses might be named?

The hospital might be named as a defendant if the medical malpractice occurred in the hospital. If the malpractice was caused by a a drug with inadequate warnings, the pharmaceutical company might be named as a defendant. Medical device companies might be named if the issue was a defective device, but those cases might fall under product liability instead of medical malpractice.

As you can imagine, it is often difficult to determine who should be named as a defendant. Having your case evaluated by someone familiar with medical malpractice cases might help you to determine who to name so that you can proceed with moving your case through the system.

Source: FindLaw, "Medical Malpractice: Who Can Be Sued?," accessed June 24, 2016

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