Determining Liability in a Malpractice Case With Multiple Defendants
Suffering from shortness of breath and chest pain, a 50-year-old male sought medical treatment at a cardiology medical practice. The man was treated by two physicians because one was on call and had to report to the hospital. Both physicians diagnosed the patient with acid reflux and instructed him to take an antacid once a day for two weeks. Later that night, the man collapsed, and was taken to the ER where he underwent bypass surgery for 90 percent blockages in three of his arteries. Given that neither physician failed to commence reasonable testing and diagnose the man properly, both are likely to be at fault for the man’s injury.
Evaluating the degree of fault
Washington D.C. adheres to the joint and several liability construct in which a plaintiff may recover damages collectively from defendants or from each defendant individually. Put differently, a plaintiff may seek recovery from each defendant acting in union with the other or each defendant singularly.
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Jack H. Olender & Associates, PC, a Washington D.C. malpractice firm, represents clients who have suffered an injury due to negligent medical care in the District of Columbia County and the surrounding areas of Anacostia Annex.