Weller Division Medical Malpractice Lawyer
Many people understand that they can file a medical malpractice lawsuit against a negligent doctor that caused their injury. However, filing a lawsuit against the hospital where the injury occurred is a whole other matter. Some victims of medical malpractice do not know that they can file a lawsuit against a medical facility. Others may not understand the complexities and challenges in these cases. If you have been hurt at the Weller Division, our Weller Division medical malpractice lawyer outlines what you need to know below.
Can You Sue Weller Division?
Fortunately, it is possible to sue Weller Division if they were directly responsible for, or contributed to your injuries. Still, these cases are extremely complicated and you must meet many requirements before you can hold a hospital accountable.
Most commonly people file a lawsuit against hospitals for medical malpractice committed by a hospital employee. This is typically the doctor that treated a patient, but other healthcare professionals, such as nurses, can be held accountable for medical malpractice. Hospitals can be held liable for the actions of their employees while they are performing normal work duties.
To hold Weller Division accountable for the actions of a doctor, you must prove the physician was an employee of the facility. This is not always easy to do. Doctors are often not hospital employees. Instead, they have privileges to work at a certain hospital or hospitals. While nurses, physiotherapists, and other medical professionals are often employees of the hospitals where they work, doctors commonly are not.
Elements to Prove in Your Claim
When filing a claim against Weller Division, you must prove certain elements of your case. These are as follows:
- Duty of care: You must show that the Weller Division owed you a duty of care. All medical facilities have a duty to keep patients and visitors safe. They must ensure that the premises are clean and free of any hazardous conditions and ensure their employees are properly trained and have the necessary experience.
- Breach: You must then establish that the Weller Division breached their duty of care. For example, if you were injured because a nurse was negligent and dropped you while transporting you to a bed or chair, the facility can be held liable for the breach of duty of care.
- Causation: Proving causation means establishing the direct link between the breach of duty of care and your injuries. If you broke your hip due to the nurse dropping you, and would not have been injured otherwise, that establishes the link.
- Damages: Lastly, you must show that you suffered injuries and other losses as a result of the employee’s negligence.
Our Weller Division Medical Malpractice Lawyer Can Help with Your Claim
If you have been hurt while being treated at Weller Division, you need sound legal advice. At Michael Gunzburg, P.C., our Weller Division medical malpractice lawyer can provide it and help you obtain the full and fair compensation you justly deserve. Call us now at 212-725-8500 or contact us online to schedule a consultation and to get the legal help you need.
