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Spangenberg Shibley & Liber LLP | Aug 23, 2019

Can More Than One Party Be Held Accountable for Medical Malpractice?

Categories: Medical Malpractice

two surgeons operating on a patientIn medical malpractice matters, many situations involve the negligence of an individual person who acted in some way that causes a patient harm. In other cases, though, there may be more than one party who can be held accountable for the damages.

It’s important to recognize these matters, how they are handled, and what legal options are available to you. Before you move forward, here are some things that you should know about comes next and the damages to which you may be entitled.

Joint Liability In Medical Malpractice Cases

In matters involving joint liability, two or more parties are the defendants and are considered jointly liable for their actions in causing someone harm. These matters don’t allow the plaintiff to recover twice the amount for the same injury—instead, he or she hold multiple parties accountable until all damages are recovered.

For example, the plaintiff may have suffered an injury in a surgery gone wrong. If more than one surgeon was responsible for the injury, both parties can be subject to the lawsuit filed by the plaintiff.

What Is Several Liability?

Whereas joint liability allows the plaintiff to file a lawsuit against multiple parties for the same instance of injury, several liability is different in that the liability is separate from every other party’s liability. This potentially means the plaintiff suffered multiple injuries as a result of negligence, and they can pursue each defendant for the amount of damages for which they are accountable.

An example of several liability can include a surgeon harming a patient in a surgical error, then the patient suffering further harm due to a medication error later that same day. Both negligent parties are liable for their contributions to the harm, but they are only responsible for the amount of damages they cause.

At Spangenberg Shibley & Liber, we work hard to help victims of medical malpractice understand their rights to take legal action. You can count on our team to help you when you need it the most, explaining your rights and options every step of the way.

Our Cleveland medical malpractice attorneys are committed to helping you with the entire process. We know you deserve compensation and justice and it is our ultimate goal to help you get the most favorable outcome possible.

For a free consultation, call our firm today at (216) 600-0114.