You’ve been a patient before, and you likely will end up in the hospital or a clinic again in the future. What do you do if you suffer an injury from a medical procedure, but you don’t discover the damage until many years later? What can you do if you find a sponge five years following a surgery has blocked your abdominal cavity or caused sepsis? Who will pay for your required medical care?
In situations like this, after your treatment is completed, the first thing to do would be to talk to your attorney about the people who performed your surgery the first time. Do you know the doctor’s name or the name of the hospital? If you know the employer’s information, then you can file a claim based on the employer’s liability for his employee. This is called vicarious liability.
When you file a medical malpractice lawsuit, you can file it against the doctor specifically. However, there are usually others who are also liable for your injuries. The hospital, other nurses or staff members, and the doctor may all be responsible in some way, shape or form. With vicarious liability, it’s up to the person’s superior, in this case, the hospital, to speak for his actions and negligence.
An employer could be held responsible for your injuries if the employee was on the clock when they took place or if you were hurt by someone the employer hired to treat you. If the employer benefits from the employee, then it’s likely that you’ll be able to file a lawsuit against them. Our website has more information on this topic and others, so you can understand your rights as a patient.