Ellis Law Offices LLP || Personal Injury Law
Schedule Your Free Consultation 508-762-4334 Worcester Law Office Map

Se Habla Español | Tiếng Việt | ΜΗΛΑΜΕ ΕΛΛΗΝΗΚΑ

When accident injury leads to medical malpractice, who is liable?

When another vehicle careened across the solid yellow line and slammed into your car, you may have said a quick prayer and hoped for the best as you heard a loud crash. The next thing you remember is waking up on a gurney in the back of an ambulance as rescue workers transported you to the nearest hospital for emergency treatment. Thankfully, they told you that your injuries were not life threatening even though you had lost consciousness for a little while upon impact in the collision.

The next few days probably consisted of medical visits, physical therapy appointments and perhaps, even surgery as doctors, nurses and others strove to help you recover from your injuries. The only problem is that things got worse instead of better. You knew something wasn't right when you started to feel pain and nausea not long after your surgery. You strongly suspect medical negligence as a causal factor in the infection or other subsequent injuries you suffered. Your question now is how to determine who is liable for your post-accident injuries?

One or more parties may bear legally responsibility

While a negligent motorist may be liable for the injuries you initially suffered in a motor vehicle collision, several other parties may also shoulder liability for injuries that occurred during the medical care and treatment following your accident. Some possibilities might be:

  • If a surgeon left a foreign object inside your body that resulted in severe infection and pain following post-accident surgery, you may have grounds for filing a medical malpractice claim against that particular physician.
  • The hospital that employs the surgeon may also qualify as a defendant in a medical malpractice claim because of various liability laws.
  • If you suffered illness or injury because a nurse gave you the wrong medication or an incorrect dose, he or she may also be held legally accountable for resulting complications.

Generally, any person who was negligent thus causing you to suffer additional injury or illness may assume some liability in a medical malpractice case, which would be separate from any personal injury claim filed in connection to the motor vehicle accident itself.

Recovering from a car accident can be a long, arduous process. The last thing you need is to suffer additional injuries because of substandard medical care. It's not as rare as you might think, however. That's why it's important to know your rights and where to seek support if a problem arises.

No Comments

Leave a comment
Comment Information
Get Started

How Can We Help You? Please fill out the secure form below and schedule a free consultation.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Free Consultation Home and Hospital Visits Available Call Today 508-762-4334

Review Us

Worcester Office
33 Pleasant Street Suite 2
Worcester, MA 01609

Toll Free: 888-894-5309
Phone: 508-762-4334
Phone: 508-762-4334
Fax: 508-757-4298
Worcester Law Office Map

Fitchburg Office
463 Main Street Suite 100
Fitchburg, MA 01420

Toll Free: 888-894-5309
Phone: 508-762-4334
Phone: 508-762-4334
Fax: 508-757-4298
Fitchburg Law Office Map

Se Habla Español ΜΗΛΑΜΕ ΕΛΛΗΝΗΚΑ Chúng TÔi Biet Nói Tieng Viet