Oregon patients may be interested in the rules regarding whether an injured third party can sue a hospital for medical malpractice. For example, someone who was injured in an auto accident that resulted from another driver's incapacitation due to pain medication prescribed without warning may have a case against the prescribing hospital. The New York Court of Appeals determined that the hospital was responsible for third party damages in the case of Davis v. South Nassau Communities Hospital.
In the influential case, which began in 2009 when a woman sought treatment at the South Nassau Communities Hospital emergency room, it was determined that the hospital was responsible for not informing the patient that it was dangerous to drive while on pain medication. The driver crossed into oncoming traffic, colliding with another vehicle. The driver of the other vehicle sustained multiple injuries and successfully sued the hospital as well as the prescribing doctor for medical malpractice.When both the hospital and doctor had the case dismissed, the plaintiff appealed and the case was dismissed again by the Appellate Division. A subsequent appeal to the Court of Appeals was successful and set a precedent for third party responsibility in malpractice cases. The Court of Appeals determined that a third party who is injured as a result of an impaired patient has the right to sue the physician responsible for warning the patient of his or her impairment.
Medical malpractice is a complicated legal area, and a malpractice lawyer may be able to help explain the process of filing a lawsuit successfully. Hospital negligence may result in a medical malpractice lawsuit, which could offer compensation for the injured victim's damages. From medical bills to lost wages and pain and suffering, there are a variety of damages that can be recovered in a successful medical malpractice lawsuit.