More than one doctor can be liable in a medical malpractice case, particularly when multiple doctors are involved in treating a patient and their collective negligence leaves the patient injured. Illinois legal doctrines, such as joint and several liability, often apply to claims involving multiple liable parties. Proving liability requires injured patients to present strong evidence.
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Medical malpractice cases with multiple liable doctors are complex. Retaining a medical malpractice lawyer lifts the burdens off your shoulders and increases your chances of receiving maximum compensation.
At Ankin Law, we have seasoned attorneys who have litigated many medical malpractice claims. Call us at 312-600-0000 for a free case review.
How Can Multiple Doctors Be Liable in a Medical Malpractice Case?
The medical industry has strict care guidelines to ensure doctors provide quality, safe services. These guidelines transcend wide-ranging medical fields. So, it’s not uncommon to hear of shared medical negligence cases following a treatment procedure. In Illinois, shared liability in medical negligence cases can occur as joint or several liability.
Joint Liability
In a joint liability claim, two or more physicians treating a patient together become jointly liable. One example is when a patient undergoes a surgical procedure performed by two surgeons. The surgeons could be jointly liable if the patient is harmed during the surgical process.
Joint liability can also occur when a doctor and a nurse collaborate to treat a patient. If the partnership results in injury, the two medical providers become jointly liable and responsible for paying compensation for medical malpractice.
Several Liability
Several liability occurs when each doctor mentioned in the claim bears a separate liability from the others. In other words, every doctor can be sued for a distinct negligent act. So, a claim against one doctor doesn’t legally impact another.
In most cases, the at-fault doctors treat the same medical issue but at different stages. For example, a surgeon may negligently harm a patient during a surgery. During post-surgical care, the nurse negligently administers the medication. If you suffer an injury, the two practitioners – the surgeon and the nurse – become severally liable.
What Evidence Shows Shared Liability among Healthcare Providers
When filing a multiple doctor malpractice claim with shared liability, you must prove fault by presenting strong evidence. The evidence you present must demonstrate how each doctor’s actions amounted to malpractice. Some pieces of evidence that show shared liability among health care providers include:
Medical Records
Medical records are the most crucial proof in shared medical negligence claims. First, you must produce documentation showing that you had a doctor-patient relationship with your treating doctors. The documentation serves as proof that the doctors agreed to treat you.
You must present evidence showing causation. The causal connection establishes the link between the doctors’ negligence and your injuries. For instance, medical records can help prove misdiagnosis, disagreements about treatment procedures, and failure to communicate worrying findings.
Expert Medical Witnesses
Medical malpractice claims involving multiple liable doctors are often technical in nature. Some jurors may not understand how each doctor breached care standards. Therefore, these cases require testimonies from expert medical professionals to determine liability.
An expert medical witness will explain the actions other doctors would’ve taken in a similar situation. An expert will also demonstrate how each doctor’s negligence contributed to your injuries. Some key areas he or she may focus on include coordination errors, improper handoff protocols, and failure to adhere to the doctor’s notes.
Timeline Evidence
When there’s shared liability, chances are that each doctor’s negligence occurred at different times during treatment. Therefore, chronological evidence showing crucial timelines during your treatment plan can help your case. These could be records detailing the onset of symptoms, doctor’s visits, and crucial decision times. Timeline evidence shows when each doctor had the chance to avert your injury, but they failed.
Imaging and Test Results
Medical lab tests and imaging confirm doctors’ suspicions about the cause of your health problem. This evidence proves that a doctor had access to the right information, but failed to act accordingly. These records also reveal whether the doctor overlooked serious abnormalities. Some test results chronicle how one doctor withheld crucial information from another doctor.
When Should You Contact a Medical Malpractice Attorney for Multi-Doctor Cases?
You should contact a medical malpractice lawyer immediately after discovering medical negligence. Most attorneys offer a free initial consultation. Taking advantage of this offer can help determine whether you have a claim.
Medical malpractice claims often involve significant payouts. So, disputes over liability are likely to occur in multi-doctor cases. Each doctor will accuse the other of malpractice, making it difficult to prove liability. An experienced malpractice lawyer knows the legal strategy to establish fault.
In Illinois, injured patients must file medical malpractice claims within two years of the discovery. It’s hard to recover compensation after two years have elapsed. Hiring a lawyer soon after getting harmed by negligent medical providers protects you from making common mistakes that medical malpractice victims make. These mistakes include missing the filing deadline and submitting incomplete or inaccurate paperwork.
Do you suspect more than one doctor could be liable in your medical malpractice case? Medical malpractice lawyers at Ankin Law have a proven history of helping medical victims get justice and monetary compensation. Contact us today to learn more about your legal options.
Frequently Asked Questions (FAQs)
How do courts determine liability when more than one doctor is involved in malpractice?
Illinois courts determine liability when multiple doctors are involved in malpractice by carefully examining each doctor’s actions against the accepted medical standard of care. They then assign a liability percentage based on how much each physician contributed to the injury. An expert witness testimony is a crucial piece of evidence in determining medical negligence.
Can I file a claim against multiple doctors in the same medical malpractice lawsuit?
Illinois medical malpractice law allows you to sue each doctor in a shared liability case. Doing that allows you to receive compensation to cover the full extent of your injury.
What compensation is available in a multi-doctor medical malpractice case?
You can receive compensation for your economic and non-economic damages. Economic damages include your financial losses, such as medical expenses and lost income. Non-economic damages, on the other hand, are the subjective losses caused by your injury. They include physical pain and suffering, mental distress, and loss of enjoyment of life.
