A medical malpractice claim can be filed against an individual or a larger party such as the hospital where the surgery was performed. Before you go filing a claim, know who should be held liable for your surgical error by bringing your medical malpractive claim to the attention of an attorney.
Your attorney can review the details of your surgical error and help you determine the parties to hold liable in your medical malpractice claim. In some cases, it may be best to seek resolution from for your injuries by approaching the hospital directly, or you may be able to prove the surgeon alone is responsible.
Filing a medical malpractice claim can be difficult when you're loss as to hold liable. The insurance company isn't likely to offer any help in this matter, as they want to resolve this issue as quickly and cheaply as possible.