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Filing a medical malpractice claim: Who can you sue?

You never thought you'd be someone who had to file a medical malpractice claim. You trusted your nurses, doctors and others to take care of you. You went through a procedure believing that they would look out for you.

Now, you realize that mistakes were made that never should have happened. As a result, you've ended up with an infection and have been hospitalized for the worsening condition. You'll have to go through surgery a second time to correct the error.

Who can you sue when this happens to you?

The usual defendant is the medical provider who made the mistake. However, in the case of a surgery, there could be nurses, the doctor and even secondary surgeons who could have made the error that resulted in your injuries. In that case, it might be in your best interest to file the medical malpractice lawsuit and to name multiple defendants. If you do that, certain defendants may not be charged or found guilty after evidence is collected, but you'll be more likely to hold the right people responsible.

Hospitals might also be liable for the injuries you suffered. For instance, if you develop an infection in the hospital, it may come down to the hospital's lack of cleanliness or other concerns. Vicarious liability could hold a hospital liable for a medical provider's mistakes, too.

When you and your attorney review your case, you'll look into the various individuals who could be held liable for your injuries. In most cases, you'll be able to receive a settlement offer well before you go to trial, which makes it faster and easier for everyone.

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