Attorneys Blog

Wichita Falls Business Dispute Lawyers

The Texas Business Litigation Attorneys of Banner, Briley & White If a business partner or vendor has reneged on a
When Personal Injuries Result in Death: Wrongful Death Cases

Wrongful death claims allege, as their basis, that the deceased died as a result of the negligence or liability of
Prescription Medications: Things You Should Know

While prescription medications have enabled us to overcome or cure illnesses that were often fatal only decades ago, prescription medications

Personal Injury Attorneys – Defective Products

May 13, 2019 Briley White General Posts

When defective auto parts, specifically defective tires, are the cause of accident or injury, the affected consumers have the right to seek recourse through the courts. The legal rights of all citizens provide that those that negligently cause the injury of others by knowingly distributing defective and dangerous products can be held accountable for their actions. Our law firm is committed to protecting these rights.

Our defective tire lawyers focus on tire defect lawsuits, including those dealing with defective tire tread separations, belt separations, tire failure, tire bead explosions, tire blowouts, and other mishaps that are the result of defective design and manufacture of automotive tires. We stand up to the big companies who endanger consumers – and we get results on behalf of our valued clients.

“We all put our trust in tire manufacturers every day. But what happens when that trust is misplaced?”

Many years back Bridgestone Corp. announced the recall of 6.5 million of its Firestone-brand tires — the second largest tire recall in U.S. history — in response to complaints that the tires may be linked to fatal crashes involving sport utility vehicles. Specifically, U.S. Regulators had noticed a trend in accidents involving the Ford Explorer which had a tendency to roll over when one of its tires blew out. The tires had a pre-disposition to suffering from tread separation. Some estimates claim that as many as 250 deaths and more than 3000 catastrophic injuries were associated with the defective tires throughout the United States.

The story illustrates a frightening reality about the safety and standards by which manufacturers produce the autos and equipment that we rely on to transport ourselves and our families on a daily basis. We all put our trust in tire manufacturers every day. But what happens when that trust is misplaced? Tre defects, defective tire treads, tire tread separation, and tire blowouts aren’t just dangerous – these defects can be deadly.

Manufacturers implicated in recent tire defect scandals include Michelin, UniRoyal, B.F. Goodrich, Firestone, Bridgestone, Goodyear, Cooper, Dunlop, Continental, and Kelly Springfield. However, this list is not all-inclusive, and other tire defect accidents happen on a regular basis. One way rollovers occur is when a defective tire explodes, losing its tread, thus presenting significant danger to the passengers and driver of the car as well as affecting others on the road. Unfortunately, these catastrophic accidents can present severe and life-long difficulties to their victims who often face prohibitively expensive medical bills, the need for ongoing care and rehabilitation, missed time from work, lost wages, and pain and suffering. We provide aggressive, competent and comprehensive representation to injured parties who are seeking compensation for their medical care, expenses, and trauma. When a person dies due to an accident caused by a tire defect, our firm takes a stand on behalf of the surviving family members by fighting the manufacturers for compensation for wrongful death.

There’s no excuse for the manufacturing, designing, or selling of defective tires. This gross abuse of consumer trust is unacceptable and should not go unnoticed. Our top personal injury attorneys call upon a wealth of experience when they take on tire manufacturers – and they specialize in results.

Have you or a loved one been injured due to a defective tire accident? You could have a tire defect lawsuit. Contact us today for more information and a free case consultation.

Consult Drunk Driver Accident Attorneys – Personal Injury Law

February 26, 2019 Briley White General Posts

Drunk driver accident attorneys may have heard of excuses for highway accidents, but reckless driving is not one that they take second thoughts at seeking justice for.

The National Highway Traffic Safety Administration study reveals that 33% of road accidents are associated with drivers under the influence of alcohol, while more than 1,000 deaths are recorded because of it.

Vehicular accidents brought about by drivers under the influence of alcohol occur in as little as a 32-minute interval, and injuring many innocent victims as a result. Given these facts, it takes the legal aid of lawyers to recover damages that irresponsible driving has impacted on your life.

In some instances, it is not easy to point the accusing finger at the person accountable for a drunk driving accident. It is very vital to collect evidence to prove the influence of alcohol on the driver. Evidence like video tapes to show drunkenness, amount of alcohol in the bloodstream or the smell of alcohol from the driver will need to be acquired.

Regardless of whose fault it is, it would be appropriate for the injured party to seek justice, especially if this road accident involves larger vehicles.

Big rigs do a tremendous amount of damage if they are involved in an accident. If you are in a collision involving a semi, you should definitely consider consulting tractor trailer accident attorney law firms so you will know how to attain the rightful entitlements for you.

There are qualified law firms with their lawyers’ expertise falling on this practice area. Many tractor trailer accident attorneys offer free consultations, so you really have nothing to lose and a lot to potentially gain.

When representing the victim in a drunk driving accident, drunk driver accident attorneys seek for proper compensation for damages and loss as well as action against the driver.

Proper legal services include the investigation of the liability of the drunk driver, as well as the restaurant or bar where the driver has been before the occurrence of the accident. They also work at maximizing your claims regarding the financial aid that you deserve.

Your lawyer will require you to be part of an in-depth discussion about the drunk driver’s liability, the possible damages, third party liability and alcohol intoxication. All these elements toward making and pursuing a case are required to be done by your lawyer, but need you to be assertive about your case, too.

The assistance of drunk driver car accident attorneys can answer your woes regarding the legal processes involved as you seek to be justly compensated. While there is no guaranteeing as to who wins the case, have the heart to fight for your rights. Seek appropriate settlements as may be necessary.

Accident Happen – Personal Injury Attorneys

August 17, 2018 Briley White General Posts

It makes no difference how alert you try to be, you are assured that an accident can happen when you least expect it to. You can be driving along carefully and be smashed from behind. The car comes from out of the blue and side swipes your car. You could be walking across the street and a car hits you. It may be any number of reasons they did not stop. None of them matter now that you are injured.

If you are one of the less fortunate ones to have this occur or know someone who has, it is best for all to find a lawyer that has a good reputation for helping those in accident cases. You might try searching the internet. Many lawyers, especially accident specialists, are providing information about their services. You may find some lawyers with toll free numbers and email for easy contact. Websites have forms allowing you to give them an idea about the case before you are contacted.

Finding the right services offered by accident lawyers is not as hard as it used to be. Popularity and familiarity comes from the internet or advertising through media or television. A few organizations refer clients to professional lawyers.

When picking the best lawyer for your situation, find one that can offer you the particular services you need. This includes the best defense in court and rates that are reasonable for you. It will also be best if you are at ease with the lawyer. Ask around to friends and family. They will be able to give you some names of lawyers they have dealt with. If the lawyers they refer are not into dealing with accidents, they may be able to lead you in the right direction. For more info see http://www.findlawyershelp.com/Personal_Injury_Lawyer/ on Personal Injury Lawyer.

Trying to work with insurance companies may be a task that will frighten you; this is true if the insurance is not being easy about awarding you the claim. They may feel you need to be more patient with the processing or problems coming up. These are huge indicators telling you to find yourself an attorney dealing with those kinds of accidents. The money coming quickly will be great for you because waiting for it, like the insurance company asks, is not something good for you.

Lawyers dealing with accident cases can assist you with claims for your insurance and for those at fault for hitting you causing the expense facing you.

You can also find more info on https://fordandlaurel.com

Wichita Falls Business Dispute Lawyers

August 5, 2018 Briley White Business Disputes, Featured, General Posts

The Texas Business Litigation Attorneys of Banner, Briley & White

If a business partner or vendor has reneged on a commitment and cost you a substantial sum of money, or if a competitor has appropriated your intellectual property, you have a business dispute on your hands.

Can a positive outcome be negotiated? Or is the last resort of commercial litigation a foregone conclusion?

In Wichita Falls and throughout north Texas and Oklahoma, the lawyers who can generate a practical, lasting solution to your contract dispute — so you can return to the smooth operation of your business — are Banner, Briley & White.

Our firm resolves commercial disputes and represents both individuals and businesses in various types of business litigation. Our practice is centered in north-central Texas, but we can and do handle matters in other parts of the country as well.

Let’s sit down and discuss how we can help you. Contact our Banner, Briley & White law offices at 866-492-9554, toll free.

Skillful Negotiation, Aggressive Litigation That Protects Your Rights

Commercial disputes or business torts arise in a wide range of circumstances, including:

Interference in a business relationship
Partnership disputes
Wrongful freeze-outs
Breach of contract
Breach of fiduciary duty
Breach of contract for shareholder and employment agreements, real estate and construction contracts, insurance policies, bankruptcy proceedings, warranty claims
Infringement of copyright, patent, trademark, trade secret and intellectual property
Business fraud

People and businesses enter into contracts every day and the breach of an important contract can have a significant impact on a company’s business objectives. Banner, Briley & White attorneys help companies involved in contract disputes assess their options and make decisions consistent with their goals. We have dealt with contract litigation in a broad spectrum of transactions and businesses

Wichita Falls Probate Litigation Lawyers

June 28, 2018 Briley White General Posts, Probate Litigation

Texas Will Contest Attorneys Protect Your Rights in Probate Litigation

Has a sudden will contest, proof of heirs dispute, breach of fiduciary duty, quarrel about descent distribution or disagreement over undue influence divided your Texas family, and turned an otherwise routine estate administration into a probate litigation battleground?

The skilled probate lawyers who can step in and restore order to your family’s estate administration or probate proceedings are in Wichita Falls: Banner, Briley & White.

Our attorneys handle all types of probate litigation, filing lawsuits and defending against challenges for clients in the Wichita Falls area and throughout the north Texas region. We have also represented individuals in circumstances where there is no will, or a mysterious last-minute change to a will, and a dispute arises as to whether a person laying a claim to an inheritance is actually a family member.

Our experience in handling difficult probate disputes allows us to balance the importance of privacy and discretion against the need to resort to the very public nature of court proceedings.

“If you consistently do the right thing, for the right reasons, good things will happen to you.” — Jack Banner, 1927-2005

Decades of Experience in Wichita Falls, Throughout Texas and in Oklahoma

Probate is the legal process by which a person’s debts are paid and assets are distributed upon her or his death. As straightforward as that sounds, family members often find themselves in disagreement over the interpretation, administration and management of estates and trusts.

In addition to disputes between family members and other beneficiaries, probate litigation frequently involves personal representatives of estates who are thought to be lying, cheating or stealing from the estate — behavior known in legal terms as breach of fiduciary duty.

As attorneys who welcome every opportunity to pursue justice for our clients, we can work with executors, trustees, beneficiaries and personal representatives toward the most positive possible outcome. Individuals, families and business owners in north Texas know they can trust us to “do the right thing” for their futures.

Res Ipsa Loquitur

May 6, 2018 Briley White General Posts, Medical Malpractice

Establishing wrongdoing on the part of a health care provider is often difficult. It requires the hiring of experts, in the same field as the health care professional being charged with misconduct, who must testify as to what the defendant should have done under applicable professional standards. Since medical organizations generally discourage those in the medical professions from testifying against one another, it is difficult to find experts who have the integrity to come forward and testify as to misconduct by one of their peers. In addition, many insurance companies providing coverage to health care providers require that they not testify against other providers who are insured by the same company. Thus, only with the assistance of an experienced medical malpractice attorney can a plaintiff be ensured of obtaining all of the relevant evidence and proving all of the requisite elements that will help the plaintiff recover his or her damages.

Proving malpractice is also difficult because the defendants are often the ones who write the medical reports that often form the basis of the suit. Since they are often the only ones who are present and know what really occurred when the negligence happened, and they choose how to describe the event, records are often not descriptive of what truly happened. In addition, some health care providers may frame their reports so as to protect someone guilty of misconduct.

Fortunately, the law also recognizes that plaintiffs face certain difficulties in proving medical negligence, due in no small part to the fact that they are often not conscious when the negligence occurs. If a patient injured as the result of a medical procedure does not know exactly what caused his or her injury, but it is the type of injury that would not have occurred without negligence on the part of his or her health care provider(s), he or she may invoke a legal doctrine known as “res ipsa loquitur.” Translated, this Latin phrase means “the thing speaks for itself,” and implies that the plaintiff need only show that a particular result occurred and would not have occurred but for someone’s negligence.

To invoke this doctrine successfully, a plaintiff has to show that:

Evidence of the actual cause of the injury is not obtainable;
The injury is not the kind that ordinarily occurs in the absence of negligence by someone;
The plaintiff was not responsible for his or her own injury;
The defendant, or its employees or agents, had exclusive control of the instrumentality that caused the injury; and
The injury could not have been caused by any instrumentality other than that over which the defendant had control.

Once this doctrine is successfully invoked, the burden is not on the plaintiff to show how the defendant was negligent, but on the defendant to show that he or she was not negligent. A classic example of the type of case in which this doctrine arises is where a sponge or other medical instrument is left inside a person following surgery. Typically, a medical report will not state “Dr. Smith left forceps in patient’s abdomen,” and there may be no recorded proof of how or why the negligence occurred. Yet clearly, a surgical instrument would not be left in a patient in the absence of someone’s negligence. Also, an unconscious patient certainly cannot be deemed responsible for this type of injury, and it would have been the operating physician and staff who had exclusive control over the surgical tools.

Thus, the burden falls not on the patient to prove who left the surgical instrument inside him or her, but on the individual health care providers to try to establish that it was not their negligence that resulted in the injury. If an attending physician, who is an independent contractor rather than an employee of a hospital, can demonstrate that he left the operating room and instructed a nurse, who was a hospital employee, to remove and account for all surgical instruments before the patient was closed, the hospital might be held liable for the negligence of its employee. In any event, the co-defendants rather than the plaintiff do the bulk of the investigation and finger-pointing, which is quite appropriate given the circumstances.

Understanding Informed Consent

March 27, 2018 Briley White General Posts, Medical Malpractice

In many situations where medical care or treatment is provided to an individual, medical professionals are required to obtain the patient’s “informed consent.” Although the specific definition of informed consent may vary from state to state, it means essentially that a physician (or other medical provider) must tell a patient all of the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment, and must obtain the patient’s written consent to proceed. If this duty is breached and injuries result, the patient may have a legal claim for damages. An experienced medical malpractice attorney can help you determine whether you have a claim and represent your interests throughout the legal process.

The concept of informed consent is based on the principle that a patient has the right to prevent unauthorized contact with his or her person and, thus, a physician has a duty to disclose information to the patient so that he or she can make a reasoned decision regarding treatment, based on an understanding of the treatment to be provided.

In many situations, the failure to obtain informed consent is a form of medical negligence, and may even give rise to a cause of action for battery. In certain situations, informed consent is an absolute necessity. For example, in any medical trials or experiments that receive federal funding, informed consent must be obtained from any human participant or subject.

The Role of the Physician

Physicians themselves, rather than a representative, nurse, or other related health care professional, are the best choice to speak to patients about informed consent. In discussing the matter with a patient, the physician should cover:

The patient’s diagnosis, if it is known;

The nature and purpose of the proposed treatment or procedure, as well as the procedure’s likelihood of success;
The benefits and risks of the proposed treatment or procedure;
The alternatives to the proposed treatment or procedure;
Alternatives to the treatment or procedure should be discussed regardless of their cost and regardless of whether they will likely be covered by the patient’s health insurance;
The risks and benefits of an alternative treatment or procedure;
The risks and benefits of not receiving or undergoing any treatment or procedure.

A physician should also ensure that patients understand what they’re hearing. In fact, some hospitals now require physicians to participate in courses on communication skills.

The patient, or the patient’s legally authorized representative consenting to the treatment on the patient’s behalf, must sign and date the informed consent documents, and must be given a copy of the informed consent documents once they are signed and dated. A copy of those documents should also be placed in the patient’s file.

The Role of the Patient

Although a physician is required to inform a patient about benefits, risks, and alternative treatments, patients must also play a part in the informed consent process. Patients must listen to the physician and should ask questions of the physician if they do not understand, or if they would like more detailed information.

Types of Consent: Express and Implied

Informed consent may be either “express” or “implied.” Express consent is given in writing or verbally. If a patient’s consent is written, it should include the name of the health care professional who discussed the proposed treatment with the patient, the name of the health care provider who is to perform the procedure, and the date, time and location where the consent form was signed.

Consent not given by a patient in writing or verbally, but understood from the circumstances surrounding the procedure or treatment at issue, is known as implied consent. Consent may be implied when, for instance, a patient presents him or herself for a relatively simple, non-invasive procedure. Consent is also usually implied for necessary procedures a surgeon might perform in the course of a surgical procedure to which the patient did consent.

Situations in Which Informed Consent May not be Necessary or May be Implied

Situations Not Involving Medical Procedures or Treatment. Not all situations require that informed consent be given. For example, although listening to a heartbeat through a stethoscope may be considered a “treatment” or “procedure,” to some people (especially those who are uncomfortable in physician’s offices), it’s rare that a physician and patient would have a lengthy discussion about the benefits and risks of listening to a heartbeat using that device.

Emergency Situations: In emergency situations, there is not always time to obtain a patient’s informed consent, or the patient may be unconscious and unable to communicate. If an emergency involves risk to the patient’s life or the patient is unable to communicate, consent may be implied under the rationale that the patient would have consented to emergency treatment.

Obtaining Consent from Incompetent Individuals and Minors

When a competent adult seeks medical treatment, the process of obtaining informed consent may seem relatively easy. However, in situations where mentally disabled individuals or children need treatment, the ability to obtain informed consent becomes more difficult. In these situations, serious questions arise concerning who is able to give informed consent for those individuals.

In most cases, a mentally disabled person has an appointed guardian authorized to make medical decisions and give informed consent for that individual. Medical providers need to make sure that when they obtain informed consent for incompetent individuals, they have obtained it from the correct person or persons.

In most situations, parents can give informed consent for treatment for their minor children. However, some states allow young adults under eighteen to play a more active role in their medical care and treatment, including the process of informed consent. Not every teenager is capable, however, of making informed consent decisions under these laws. Instead, most states focus on “mature minors” sufficiently ready to understand the nature and consequences of treatment. In those states, such young adults may be able to provide consent without consulting with their parents. For example, some states have passed specific laws that allow for minors to consent, without parental knowledge or approval, to health care treatments related to substance abuse, mental health, and sexual activity.

Wichita Falls Medical Malpractice Attorneys

February 1, 2018 Briley White General Posts, Medical Malpractice

The Experienced Texas Medical Negligence Lawyers
When a doctor’s oversight during surgery, a nurse’s neglect or an anesthesiology error causes injury, illness or wrongful death, the assistance of an experienced personal injury and medical malpractice lawyer is essential.

Serving victims of medical malpractice in Dallas and Wichita Falls, from Texas to Oklahoma, with a group of competent and seasoned Lawyers.

Our law firm aggressively protects the rights of victims of medical negligence, and their families. Due to new legislation that places a high burden of proof on the plaintiff and at the same time severely limits what they can recover if they manage to prove their case, we continue to advocate for medical malpractice claims in the north Texas region. We don’t take every case. But we do take the cases we truly believe in.

If you or someone you love has suffered a catastrophic, life-changing injury, or if a family member has suffered wrongful death because of the negligence of an attending physician or other medical professional or facility, call our law firm today, toll free: 866-492-9554. Your initial consultation is free of charge.

When Medical Malpractice Strikes, Our Law Firm Strikes Back

Our experienced Wichita Falls medical malpractice lawyers view the legal profession as a helping profession. Look to us for forceful legal leadership when you or a relative becomes injured or ill during a hospital stay as a result of:

Misdiagnosis or failure to diagnose
Anesthesia error
Birth injury
Brain injury
Emergency room error or failure to treat
Medication error
Cosmetic surgery error
Surgical error

If you wish to pursue a medical malpractice action, you should contact our attorneys at the very first sign of negligence, in order to allow time to properly evaluate and investigate your situation before a two-year statute of limitations runs in your case.

Our law firm handles medical malpractice claims on a contingency fee basis. It costs you nothing to get us started on your case. We collect an attorney fee only if you receive compensation from those responsible for your injuries.

Top 10 List: Reasons to Hire an Experienced Personal Injury Attorney

October 2, 2017 Briley White General Posts, Personal Injury

When you’re injured, you need all the help you can get, and you need it as soon as possible. Unfortunately, that means that some injury victims pick the first attorney they find, rather than making an informed choice. It’s important to educate yourself and find the right fit for you and your case. Using this list, you can find the right attorney to make the most of your case.

1. Best Jury Verdicts—If a trial becomes necessary, a personal injury lawyer can zealously represent you in court and work toward achieving the best possible jury verdict in your favor.

2. Best Settlements—Personal injury attorneys work hard to reach the best settlements for their clients, as early as possible in the litigation process.

3. Experience With Insurance Companies—Lawyers are also used to working with insurance companies and will not be confused by their tactics or feel pressured to settle for an unsatisfactory amount.

4. Experience Working With Other Lawyers—An experienced personal injury lawyer can deal most effectively and expediently with opposing counsel.

5. Alternative Dispute Resolution—An experienced attorney will know whether your dispute may be best resolved through mediation, thereby saving you time, money, and emotional energy.

6. Objectivity—A personal injury attorney can be more objective about your case than you can and will not make a rash decision. Whereas you may be tempted, for instance, to go for a quick payout, your attorney may counsel you that it is in your best interests to wait for a more appropriate offer.

7. Investigative Team—Experienced attorneys work with a team of investigators who have experience in specialized areas and will skillfully investigate the technical aspects of your case.

8. Red Tape—An experienced attorney can work through the maze of paperwork necessary to resolve your claim so that you can get on with your life.

9. No Fees If You Don’t Recover—Most personal injury attorneys work for a contingent fee, which means that if you do not win your case, you will pay no attorneys’ fees. You will, however, be responsible for certain expenses not directly related to professional fees, such as the fees doctors charge for reviewing your records or being interviewed. Court costs and case expenses usually remain the responsibility of the client.

10. Experience Assessing Claims—Personal injury attorneys are experienced with cases like yours and can tell you at the outset whether it is worth your while to pursue legal action. If you are unlikely to prevail, you will not need to incur the time and expense of preparing for litigation.

Responsible Parties in Medical Malpractice Actions

August 26, 2017 Briley White General Posts, Medical Malpractice

Medical malpractice is not limited to medical doctors. It applies also to nurses, dentists, osteopaths, health care facilities, and others providing health care services, such as nursing homes. If you believe that you have been the victim of malpractice by any health care provider, do not delay in contacting an experienced medical malpractice attorney.

Hospitals

Hospitals are corporations that are either public or private entities. In the context of medical malpractice actions, hospitals can be held directly liable for their own negligence, and can also be held “vicariously” liable for the negligence of their employees. Vicarious liability means a party is held responsible not for its own negligence, but for the negligence of another.

Hospital Negligence

A hospital’s medical staff will consist of licensed physicians and other licensed health care providers, such as nurses, physician’s assistants, and nurse practitioners. In hiring its medical staff, a hospital must make reasonable inquiries into an applicant’s education, training and licensing. If a hospital fails to make reasonable inquiries regarding a member of its medical staff, it might be held liable under the “corporate negligence” doctrine for negligent supervision or retention, if the staff member’s negligent care injures a patient. A hospital might be held liable for its own negligence where, for example, it fails to investigate the credentials of an attending physician before granting him/her privileges at the hospital, or where it allows a physician whom it knew, or should have known, was incompetent, to treat patients at the hospital.

Hospitals are also required to ensure that there is a sufficient number of registered nurses on duty at all times to maintain quality patient care. A hospital that fails to do so may be held liable for injuries to patients resulting from a nursing shortage. Another area of potential liability arises when a hospital’s employees fail to follow the orders of a patient’s private attending physician. Conversely, if a hospital employee finds a private physician’s treatment plan to be clearly contraindicated, but fails to make a reasonable inquiry of the physician as to the treatment plan, the hospital could also be found liable.

Finally, hospitals may be held liable for failing to protect patients from harm, adequately perform clinical tests, keep accurate medical records, and properly admit and discharge patients. In the area of admissions, hospitals are generally required to treat seriously injured or ill people on an emergency basis, and the refusal to do so may result in hospital liability. Additionally, federal and state statutes prohibit hospitals from refusing to treat or admit people based on their race, color, religion or national origin, or on their inability to pay for treatment.

Vicarious Liability

When a hospital employee’s malpractice injures a patient, the hospital itself may be held vicariously liable under the legal doctrine of “respondeat superior.” Under this doctrine, an employer may be held liable for the negligent acts of its employee, if the employee was acting within the scope of his or her employment when the negligent act or omission occurred. This doctrine is very important to plaintiffs in medical malpractice cases, because it helps ensure there will be a financially responsible party to compensate an injured plaintiff.

In some situations, health care providers such as physicians are considered independent contractors rather than hospital employees, and the doctrine of “respondeat superior” will not be applicable. What this means is, if a doctor or other health care professional is an independent contractor, and commits malpractice while treating a patient in a hospital, the hospital cannot be held liable for the doctor’s negligence. However, the hospital can be held liable for its own negligence, for example, in granting attending privileges to an unlicensed or incompetent physician.

Finally, in certain situations, a hospital may be vicariously or directly liable for the acts or omissions of contractors it retains to operate emergency rooms and outpatient facilities.

In some states, there are statutes that protect state-run health facilities. Throughout the country, there are hospitals that are teaching facilities and employ physicians who are actually considered employees of the state. These physicians, including residents and interns, are sometimes accorded sovereign immunity, which limits their liability by shortening the time period in which suit can be filed, and placing maximum limits on the amount of damages and attorneys’ fees that can be recovered.

Pharmaceutical Companies

In some cases, a pharmaceutical manufacturer may be liable where a drug caused a patient injuries, but only if the manufacturer failed to warn physicians of the drug’s potential side effects or dangers.

A pharmaceutical manufacturer’s primary duty is to physicians. Thus, a manufacturer generally will not be liable for a patient’s injuries, as long as it adequately informed the physician of all risks associated with a particular drug. As to the ultimate consumer, a pharmaceutical company only owes a duty to ensure that the medication it manufactures will be reasonably safe when used as intended. To ensure a drug’s safety, the manufacturer must research the drug’s possible side effects and risks before putting it on the market. If the pharmaceutical manufacturer fails to adequately warn a physician of a drug’s dangers, however, the drug becomes what is known under product liability law as “unreasonably dangerous,” and the manufacturer might be held liable for the failure to provide proper warnings.

In most cases, the prescribing physician is considered a “learned intermediary,” which means that because of his or her superior medical knowledge, and assuming he or she has been given adequate information from the manufacturer, he or she is in the best position to determine whether a particular drug or device is appropriate for a patient. Thus, the physician has the primary duty of advising the patient of the risks and side effects of a medication or medical device he or she prescribes.