The “typical” medical malpractice case involves something pretty clear: a patient receives the wrong medication and is injured, a surgeon accidentally makes a mistake which causes harm, or a diagnosis is botched leading to long-term problems. In all of these incidents a medical patient does not receive care up to reasonable standards and the patient is harmed as a result. But it is not always that simple–and complex legal issues might arise in those more atypical cases.
Third-Party Liability in Med Mal Cases
For example, not long ago one state court addressed an issue related to third party liability for medical mistakes. The case involved a doctor who failed to explain how a patient’s medical condition would affect her driving ability. The patient subsequently drove recklessly and caused serious harm to another. The patients had liver and kidney problems which come with latent driving risks. She wasn’t warned about those risks and blacked out when behind the wheel–causing the serious accident.