Car accidents can result in very serious personal injuries frequently requiring medical attention. Most times to a hospital. All car accidents are horrible, even little fender benders can result in traumatic feelings of occupants of the vehicle. The worst types of car accidents are the ones caused by the negligence of another, as you cannot control the outcome which was due to a dumb mistake by another person or company.
But an even worse type of car accident is one that also results in medical malpractice. A frequent question is what happens if the doctors fail to treat you properly after a car accident. This is a real question and an important one, which can result in many concerns and complicated liability.
The civil practice law and rules, known as the CPLR, provides some statutory guidance. There is also some common law, or judge-made law, that also helps apply.
One who commits negligence is known as a tortfeasor. A negligent driver who causes a car accident is a tortfeasor. Generally, the tortfeasor will be liable for all injuries naturally resulting from the negligent act, such as the car accident. If there is negligence after the car accident, called successive negligence, such as by a medical provider committing medical malpractice, the negligent driver will be liable for all common negligence thereafter. Meaning, the driver will still be liable for the medical malpractice.
However, if that medical malpractice is gross negligence, such as very serious of overt medical negligence which is outrageous, then the negligent driver will not be liable for the medical malpractice.
This is important because a victim needs to know who to sue and when to commence the action. Victims need to have their rights protected. As an experienced medical malpractice attorney with experience handling catastrophic car accidents and truck accidents, this type of scenario is the exact kind of accident that I have handled before. These types of incident need strong and zealous representation, and I am hear to do it to protect patient’s rights.
When in doubt, make sure to always sue both the driver and the doctor who caused injuries. That is important to preserve your rights. Let them work out their negligence and liabilities against each other.
But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected] You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.