Who Can Be Held Accountable For The Medical Malpractice?

Generally, a medical malpractice claim can be brought against a licensed health care provider. This can include a person, corporation, facility or institution licensed by the state to provide health care or professional services, or an officer, employee, or agent thereof acting in the course and scope of his employment. A claim can be brought against physicians, dentists, nurses, therapists, hospitals, and pharmacists, among others. A physician commits medical malpractice if he fails to act in the same manner a reasonably prudent physician in the same field of medicine would act under the same circumstances. Nurses, therapists and other health care providers, and the hospitals or clinics they work for, can be held responsible for their failure to meet accepted standards of care in their particular field. Kansas law, however, bars medical malpractice claims against a hospital based on the negligence of a physician covered by the Health Care Stabilization Fund if the physician is not an employee or agent of the hospital. The Health Care Stabilization Fund was established by the State of Kansas to provide excess insurance coverage to health care providers.

When a health care provider cares for an injured person at an emergency or accident, that provider will not be held liable unless the damages result from gross negligence or from willful or wanton acts or omissions by the provider.

There may be more than one cause of an injury. When the negligent conduct of two or more parties contributes as causes of an injury, each party is only liable for that portion of the judgment that is equal to the proportion that party`s negligence bears to that of all other parties.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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