Under Florida law, health care providers owe a duty to their patients. This duty requires doctors, nurses, and other medical professionals to provide a certain level of care to their patients. When a medical professional fails to live up to this duty, and a patient is injured as a result, the patient may be able to pursue compensation through a South Florida medical malpractice lawsuit.
Medical malpractice claims can be complex, and they often raise several unanticipated issues. One of the most critical early decisions that an injured patient must make is which parties to name as defendants. Of course, the medical professional whose negligence resulted in the patient’s injuries is an obvious choice. However, there may be other parties that can be named to improve a plaintiff’s chance of recovering compensation for their injuries.
This stands true for all Florida personal injury cases. And a common source of liability is an at-fault party’s employer. For example, under the doctrine of respondeat superior, an employer can be held liable for the negligent acts of their employee. Thus, employers are routinely named as defendants in cases involving an employee’s negligence. However, most medical professionals are legally classified as contractors rather than employees, making a respondeat superior claim difficult, if not impossible.