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Monday, July 18, 2016
Almost all hospitals in the United States are teaching hospitals in some way. Whether they take on interns, have actual classes, or let students observe surgical procedures, hospitals are there to mold and create the world’s next best physicians. In order for any person to graduate medical school, he or she must have hands-on experience. So, it should be no surprise that hospitals throughout the state of Illinois house interns and medical students eager to learn their new profession. While these facilities do take precautions and carefully monitor their students, a lack of staffing – and over-worked residents and attendees on-site – means that medical students and interns are left to treat patients on their own. It is rare, but when a medical student or intern makes a critical error, a patient could suffer irreversible harm or even death.
But, who is technically responsible when a student or intern causes an error? Unfortunately, the answer will depend on several factors.
Anyone in the healthcare field can be faced with a medical malpractice suit – including medical students, interns, physicians, nurses, trainees, and pharmacists. Lawsuits involving students and interns are rare, but if that student does act negligently, there is a potential for a suit against the student or even the hospital.
Most hospitals that are considered “teaching” hospitals offer some of the best care in the country. They work toward treating every patient while still teaching future doctors how to provide excellent care. These facilities do, however, deal with high turnover rates – especially as students rotate between medical specialties or even leave the program unexpectedly. This change rate in staffing can make it difficult for even the best hospitals to properly monitor and/or train their students. When students have various training and expertise levels, but limited monitoring, errors are likely to occur.
One of the most common reasons why lawsuits happen when students make mistakes is negligent supervision – meaning that hospital staff (whether a resident, fellow, or attendee) did not monitor the student or intern properly. Medical students are typically under the supervision of a resident or attendee, which is a licensed physician. These physicians also have their own patients and cases that they are working on while they are training prospective doctors. Therefore, they may not monitor students as effectively as they should – and it is not uncommon for inexperienced students to improperly diagnose a patient.
Physicians are usually liable for any errors on behalf of their interns and students. But, when the physician and the student are part of a training program, the issue of vicarious liability comes into play. The hospital could be considered liable for the student and intern errors that are committed within their facility – especially if the interns are considered hospital employees.
If you have suffered an injury due to a medical student or intern, you may still qualify for compensation under the law. The attorneys at Malman Law will assess your case and determine not only if your case qualifies for malpractice, but if the hospital or overseeing physician is vicariously liable for your injuries. To learn more about your options or to speak with an attorney, call us today to schedule a free consultation. You can also ask a malpractice question via our online contact form.
They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.
- Britany Weaver
I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
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I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!
- Elvira G.
I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
would do everything they could for me.
- Tony S.
I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!
- Devin Jones
Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
- Annie Ong
Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
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They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.
- Omolewa Snyder
I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
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Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.
- Ernest Pitts
Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.
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I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
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Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the reparations of the accident. We would recommend their services!
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Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman Law again in the future.
- Malak St.Clair
Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.
- Devri Lott
I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
- Adrian Lopez
A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
- Vanessa Leon
Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
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This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position, they are awesome sincerely. Jeff walker
- Jeff Walker
Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.
- Steve Acosta
Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
- Adrianna Gomez
Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
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Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!
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- Eddie Villarreal
I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!
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Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
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Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!
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I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!
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My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the next steps, and got my case resolved early. I would highly recommend Malman Law.
- Ashley Jenkins
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2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim
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