Can you be sued

Jolie, BSN · Aug 5, 2006

The short answer is "yes".

Anyone can be sued by anybody for anything.

Whether such a lawsuit is successful depends on the evidence and the skill of the attorney(s) defending those who were named in the suit.

tddowney · Aug 5, 2006

Yes, you can be sued for just about anything.

At best, you will spend thousands of dollars defending yourself, even if the plaintiff has no case at all.

Demonsthenes · Aug 20, 2006

In medical malpractice, the general rules of negligence apply. That is: 1. Duty 2. Breach of Duty 3. Causation (and proximate cause) and 4. Damages.

The duty in a physicians case is what a reasonable physician would do under the same or similar circumstances using ordinairy prudence . A specialist in medicine would be held to a higher standard of duty that is: of what a medical specialist would do under the same or similar circumstances.

All of the aforementioned elements must be proved by a "preponderance of the evidence" and the damages must "proximately" (not remotely) evolve from the breach.

I hope this helps a little.

I am a Registered Nurse and Certified Legal Assistant (Associate of Applied Science Legal Assistant-Paralegal from an A.B.A. approved paralegal school).

:uhoh3:

RN/MSN/JD · Sep 9, 2006

Can a hospital be sued if the doctor has made the wrong diagnosis resulting in near death of the patient.

That is going to depend.

If the physician is an employee the hospital can be sued under theory of respondeat superior (let the master answer.)

Under agency theory, if the injured party reasonably believes the doctor to be an employee of the hospital, then yes, the hospital can be held accountable.

Even if the hospital is not the employer or not perceived to be the employer, if there are policies the doctor is supposed to be following and the hospital negligently and with notice allows him/her to repeatedly violate them with no consequences, then yes, the hospital can, once again, be sued.