What to prove in general negligence cases

In a medical malpractice case, the common questions being inquired into by the court trying the case would include the following: Who is to be blamed for the malpractice? Would it be the physician alone or will it include the nurses assisting? Would the other medical personnel be implicated? Or would the hospital, as a business entity, be included as among the defendants? These are the common issues being tackled in an actual court case setting. The determination on who should be made defendants will play a very important role in the medical malpractice case. Initially, the common practice for medical malpractice lawyers is to include the physician and the hospital in the medical malpractice complaint. This is just to make sure that in case the physician is found guilty as alleged, and if ever such physician is insolvent, the hospital as the employer can be made as subsidiary liable for the medical malpractice claims. However, if we try to take a closer look, the defendant physician or whoever conducted the medical operation, or prescribed the wrong prescription, should be the one to be made defendant and not the hospital as a business entity. We must take note that a medical malpractice is considered a crime and it is well settled that an artificial entity, such as a hospital, cannot be charged of a crime. It cannot be imprisoned. Unlike the physician, if he or she committed the crime of medical malpractice, there can be incarceration. It is true that the hospital, as a business entity, can be made to pay for the damages and indemnifications incurred by the victim. But obviously, it can never be imprisoned.

Having said that, now we can determine against whom the medical malpractice claim should be filed by just distinguishing the nature of action that the victim wants to make. If the victim intends only to seek payment of damages and/or indemnification, he or she can alternatively or concurrently implicate the physician and/or the hospital as defendants. Either of these two defendants can be made to pay for the monetary amount of damages. On the other hand, if the medical malpractice action to be filed is criminal in nature, then the only defendant that can be implicated would be the erring physician and not the hospital. This is because of the fact that the hospital, as an artificial entity, cannot be imprisoned.

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