If More than One Surgeon is Operating, Who is at Fault?


Not all surgical errors are the same, and there are certain factors that can complicate a potential lawsuit. One situation that can change a potential lawsuit is when there is more than one surgeon involved in the procedure and they’re all responsible for the injury sustained by the patient.

In this situation, who is considered to be at fault? Do they both hold equal liability or is one party considered more negligent than the others? This is where it’s imperative to fully understand your rights and how to pursue action against all parties involved.

Joint Liability Following Surgery Errors

If more than one surgeon is responsible for the surgical error and the harm it causes, medical malpractice lawsuits rely on joint liability. What this means is that both parties will be responsible for paying out the compensation to the patient for the injuries they sustained.

This can open up some complex and contentious matters as multiple parties try to place blame on the others for the error. It can be difficult to make sense of liability and how to pursue compensation, especially if there is a conversation regarding several liability.

In several liability situations, there are multiple actions that lead to the patient’s harm. For instance, if the patient suffers harm as a result of a surgical error during the procedure, but later suffers further damage as a result of care management errors, the parties responsible would not split liability equally.

Instead, the parties would only be responsible for the percentage of which they were considered negligent. In these situations, the surgeon responsible for causing the most significant damage may be most liable, while the care management team would be responsible for a smaller portion.

Webster Vicknair MacLeod: We’re Here to Help

We know how complex medical malpractice cases can be and how much goes into determining which parties can be held liable. At Webster Vicknair MacLeod, we have a strong commitment to helping patients protect their rights against negligent medical professionals.

When you have more than one party responsible for the surgical error that caused you harm, our Houston medical malpractice attorneys will work with you to determine the strongest course of action. Believe in our team to guide you throughout the entire process from start to finish.

Call us today at (713) 396-5197.

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