Maybe – but there are reasons it may not be a good idea.
Doctors are hard to sue, and expensive to sue. You need an expert to say that the doctor violated a standard of care, and experts are very expensive. It usually costs over $1,000 to get an evaluation of the case by a nurse.
And there are old cases which say that the person who causes an accident is responsible for medical malpractice committed on the victim of the accident, so long as the victim was reasonable in choosing his doctor. The idea is that the bad guy put the victim in a position of danger in the first place.
So if you can sue the truck driver alone, that may be better.
On the other hand, about ten years ago, the legislature changed the law; the “new” law may make it possible for the truck driver in this case to say that the injuries were caused not by himself, but by the doctor’s negligence. I have been looking for, but haven’t seen, any cases addressing this argument.
This is a difficult question to answer without knowing more – the facts of each case are different, and the answer depends a lot on the facts.
I have been a lawyer over 30 years. If you have been in an accident and you think your injuries were caused by more than one person, call me, a Cincinnati injury lawyer. My phone is 513-621-4775.
Because all situations are different, and because there may be other facts pertaining to your case that I don’t know about, you should not rely on this answer for legal advice. I am not your attorney, and no lawyer client relationship has been formed. All discussions are limited to Ohio law unless otherwise indicated. And past performance cannot be used to predict future results.
{ 0 comments… add one }