Why not sue everybody in a medical or dental malpractice case? There are several reasons, to list just a few:
You do not want to sue innocent people. These are called harassment suits. They are not ethical, and they usually fail. In some states, they can also expose you to a countersuit by the doctor or an assessment of costs by the court for bringing a frivolous lawsuit. More importantly, if you go into court suing a number of people, especially if some of them are obviously innocent, you will prejudice the jury against you and appear to be a quarrelsome person, who does not deserve anything.
Every additional person you include in your medical malpractice or dental malpractice complaint makes extra paperwork for your lawyer and extra expense for you. The lawsuit could get so expensive that, even if you won, you would not have anything left after paying your expenses.
If you go to trial against five or six medical or dental defendants, each one has the right to have his lawyer make a summation (final speech) to the jury. That means that after your lawyer presents his final arguments, the jury will hear five or six lawyers give arguments against you. The average juror is apt to be more impressed by five arguments than by one, no matter how logical or impassioned it is. They can overwhelm you by the sheer weight of numbers.
The Rule Is: Only name the medical or dental personnel you are reasonably sure did something wrong. Do not harass innocent physicians, hospitals, or dentists. It can backfire and destroy your legitimate case.
JD.MD can help you! Contact us today at 1-800-225-5363 for an initial case evaluation or a medical expert’s opinion.