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. In Kentucky, an independent contracting physician may be held as an apparent agent of a hospital. If a patient justifiably relies on his belief that a physician is employed by the hospital, the hospital may be vicariously liable for the physician`s negligence.
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 equal to the their percentage of negligence.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical malpractice attorney to discuss your specific legal situation.