Can psychotherapists or medical residents be defendants in a medical malpractice lawsuit?
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Can psychotherapists or medical residents be defendants in a medical malpractice lawsuit?
If not, what legal recourse does one have for negligence by those health care professionals? My guess is that if residents can’t be sued, the attending physician or the hospital bears the responsibility for their negligent errors.
Asked on May 2, 2013 under Malpractice Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes, you can sue a medical resident or a psychotherapist for professional malpractice. You could also sue their employer (e.g. the hospital or clinic) and possibly a supervisor (e.g. attending physician), if the supervisor him/herself somehow committed malpractice, such as by not supervising a resident properly, giving a resident a case which was beyond his/her level of skill, experience, or knowledge, etc.
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