Medical Malpractice Law

Who Can Be Held Accountable For The Medical Malpractice?

Generally, a medical malpractice claim can be brought against providers of medical or health care. This can include physicians, dentists, nurses, hospitals, and pharmacists, among others. These claims may be brought against individuals, corporations, associations, etc.

A hospital is not liable for damages as a result of an act or omission by an emergency room physician who is not an employee or actual agent of the hospital if the hospital posts notice that the physician is an independent contractor and the physician is insured for at least $500,000 per claim and $1.5 million in aggregate. The hospital is responsible for exercising reasonable care in granting privileges to practice in the hospital.

When a person renders emergency care to an injured person to avoid serious harm or death, that person is not liable for damages as a result of their acts or omissions.

In all actions involving the fault of more than one party, the court will enter a judgment against each party in accordance with that party`s percentage of fault.