When it comes to the legal concept of medical malpractice, you would be surprised to know that it is not limited to the conduct of the doctors but is also applicable to all other medical professionals like nurses, healthcare facilities, pharmaceutical companies and all others who are stakeholders in the medical care industry. The main foundation of medical malpractice cases is proving the fault of the defendant with the help of your personal injury lawyer in Fontana that has led to personal injury.
In the hospitals where most of the people go for getting treated for various health issues, doctors, nurses, paramedical staff members and others are employed to provide services to the patients who arrive to get treated. Therefore, any hospital is required to do ample check before hiring its staff members, and if there is any laps in doing background checks about their experience, education and other important aspects which might impact their ability to treat the patient properly, the hospital might come under the scanner if there is a case of negligence in the hospital. This means that your accident attorney in Fontana would be able to sue the hospital if the professional who displayed negligence in treatment and caused harm to the patient was an employee of the hospital.
At all times, the hospitals are also required to ensure that there are ample medical professionals of all fields in the premises at any given time. This is done in order to ensure that the hospital is able to provide quality healthcare to the patients. Therefore, if there has been a lapse because of inadequate number of medical professionals and the patient has been harmed, the personal injury lawyer in Fontana representing the patient can go ahead and sue the hospital for negligence. A case can also be filed when an employee of the hospital is unable to follow the orders provided by the private attending physician of the patient.
However, your accident attorney in Fontana would also inform you that in some cases the healthcare professionals like doctors and physicians are independent contractors and not employed as hospital employees. In such a situation, any malpractice by these independent contractors would not land the hospital in trouble for a legal claim.
There is seldom any malpractice claim on the pharmaceutical companies. Your personal injury lawyer in Fontana would surely give you the reason for the same as since these companies do not cater directly to the patients, they are mostly not in the loop of such cases. In case the manufacturer of the medicine clearly stated the side effects and the risks of a particular medicine, they cannot be implicated in a medical malpractice suit if the patient’s condition worsens after taking that medicine as prescribed by the doctor. To read more Click Here