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Can I file a malpractice lawsuit against someone who isn’t a doctor?

February 3, 2017

Yes, you can file a lawsuit against someone who isn’t a doctor. Any licensed healthcare professional or entity that provides healthcare services can be subjected to a medical malpractice lawsuit. For example, nurses, hospitals, urgent care centers, and pharmaceutical companies (in certain circumstances) may also come under fire for malpractice or negligence.

Vicarious Liability in Medical Malpractice Cases

Vicarious liability is a legal principle that holds an employer (in our case, a hospital or urgent care center) liable for the malpractice or negligence of its employees.

A hospital or employer may be found vicariously liable for a malpractice case in the following situations:

  • Injury or death occurred while the licensed medical professional was on duty
  • The healthcare facility benefited from the task performed by the medical professional at the time of injury or death
  • Injury or death was caused by a routine activity the medical professional was hired and expected to perform

Consider this situation: A surgeon is hired at a local hospital. Her only job is to perform surgeries. If she is negligent during a surgical procedure and causes an injury, the hospital can be found liable.

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