Negligence and Medical Malpractice

In the medical malpractice arena, physicians and providers often are sued for negligence. Upon investigation, it turns out that the subsequent treater’s treatment was negligent or compounded the problem. Yet, that treater is not sued. Are you responsible for the damages done by the subsequent malpractice? The short answer is yes! But for your alleged prior negligence, the subsequent treatment would not have occurred. Of course, the subsequent treater MAY be sued to share in the liability, but does not have to sued. Additionally, you, as a defendant, may implead the subsequent party into the law suit, to force him/her to contribute to the settlement. However, this is infrequently done, as a practical matter. Sounds unfair? Welcome to modern medicine in the United States.

Courtesy of Frier Levitt, Attorneys at Law