Who Can I Sue in a Medical Malpractice Case?

Book a FREE Initial Consultation

To Learn How We Can Build a Winning Case For You.

    Note: Your Privacy is Safe with us. We will never disclose your information to external parties.


    Book a FREE Claim Assessment

    ...with our Disability Lawyers & Learn How to Successfully Secure Your Benefits.

      Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

      Medical Malpractice

      Who Can I Sue in a Medical Malpractice Case?

      Who Can I Sue in a Medical Malpractice Case?

      When we think about medical malpractice, we often think immediately of doctors being at fault for their conduct, but in actuality, there are other parties that may be responsible. Nurses, pharmaceutical companies, and hospitals can also be sued.

      Below you’ll learn more about who you can potentially sue in a medical malpractice lawsuit in Ontario.


      In the case of medical malpractice suits, hospitals may be held liable for negligence or for the negligence of their employees.

      The staff of a hospital is composed of licensed health care professionals including doctors, nurses, physicians’ assistants, and nurse practitioners. During the hiring process, the hospital must inquire into each applicant’s credentials including education and licensing. If the hospital does not do so and a staff member’s conduct results in patient injury, the hospital can be held responsible. In addition, if a hospital allows an incompetent or unlicensed physician to practice at that hospital, they can also be considered negligent.

      Other situations where hospitals can be held liable if an injury occurs include:

      • Failing to ensure that there are adequate nurses on staff to properly care for patients
      • Employees that fail to follow a patient’s private attending physician’s instructions
      • Failing to inquire into a questionable treatment plan made by a private physician
      • Any situation where an employee acts negligently

      Independent Contractor Exceptions

      Sometimes physicians are independent contractors and not hospital employees, in which case the hospital cannot be held liable for the doctor’s conduct. Sometimes, however, hospitals may be considered liable for any contractors employed to operate an emergency room or outpatient facility.

      Pharmaceutical Company Liability

      If a drug causes injury to patients, a pharmaceutical company may be responsible if they didn’t warn doctors of the dangers or side effects of the drug. As long as a drug company notifies the physician of the risks of a particular drug, they cannot be held responsible. It is usually the physician that is responsible for advising the patient of any risks and side effects of medications and medical devices.

      What to Do If You Experience Medical Malpractice

      If you think you may have experienced medical malpractice but are unsure who is responsible or who you should sue, a Medical Malpractice lawyer can help. Most consultations are free and a lawyer can give you a clearer understanding of your legal rights.

      Now that you know more about who can be sued in medical malpractice suits, download our personal injury recovery kit to learn more about your case or contact us for a free consultation.

      Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader's specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.