Slate’s Law Blog

Medical Malpractice: When is Someone Else is Liable.

Medical Malpractice

Can you file a lawsuit against a party other than a doctor for medical malpractice? It is important to understand that serious injuries can arise out of many different forms of medical negligence, and it certainly may be possible to file a New Mexico medical malpractice lawsuit against a party who is not a doctor. In some cases, the injured patient may be eligible to file a medical malpractice claim against a doctor and one or more other parties, depending upon the specific circumstances of the case and the injury. Indeed, many injured patients are able to obtain strong settlement offers by suing all negligent parties responsible for the medical error and injury. If you have questions, one of our experienced Santa Fe medical malpractice attorneys can speak with you today.

Health Care Providers of Various Types Can be Responsible for Medical Malpractice Injuries

When it comes to filing a medical malpractice lawsuit against someone or an entity other than a doctor or physician, you should know that many different kinds of health care providers can be liable for injuries. New Mexico law allows injured patients to seek compensation from any negligent health care provider, and the law defines a health care provider to include all of the following parties licensed or certified to provide health care or professional services:

  • Person;
  • Corporation;
  • Organization;
  • Facility; and/or
  • Institution.

Those parties may include but are not limited to, according to the statute, the following parties:

  • Doctor of medicine;
  • Hospital;
  • Outpatient health care facility;
  • Doctor of osteopathy;
  • Chiropractor;
  • Podiatrist;
  • Nurse anesthetist; or
  • Physician’s assistant.

In addition to those parties, other health care providers like pharmacists, laboratory technicians, and dentists can also be accountable for medical malpractice.

Common Examples of Situations in Which Parties Other Than Doctors Can Bear Responsibility for Medical Malpractice Injuries

What are some common situations in which parties other than doctors can be liable for injuries? Some frequent examples include but are not limited to the following:

  • Hospital or outpatient facility that employs a doctor whose negligence results in a patient injury;
  • Hospital or outpatient facility where a patient’s electronic medical record information was entered improperly, resulting in a surgical error or a medication mistake;
  • Physician’s assistant or nurse misreads a patient’s medical records, resulting in an improper or delayed diagnosis;
  • Pharmacist fills a prescription with the wrong medication or wrong amount of the drug, result in an injury from the medication mistake;
  • Dentist improperly administers an anesthetic to a patient during a routine dental procedure;
  • Doctor’s office sends the wrong medical records to a specialist, and the specialist misdiagnoses the patient; and/or
  • Laboratory makes an error performing a test on a patient sample, and the erroneous result goes to the patient’s doctor, which ultimately results in a misdiagnosis.

Contact Our New Mexico Medical Malpractice Attorneys

When a patient suffers a serious injury because of medical negligence, many different parties may be liable for the harm that has occurred. It is critical to have an experienced Santa Fe medical malpractice attorney assess your case to determine who you may be able to name as a defendant in your medical negligence claim. Contact Slate Stern Law today for more information about how we can assist you.