I do not practice in Missouri. In Massachusetts, generally speaking, the answers are it depends, yes, and probably. The more important questions are the strategic ones. Only a skilled medical practice attorney with intimate knowledge of the facts of your case can answer those for you. Feel free to contact me if you need a referral to an attorney in your area.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
Expanding on the previous answers you were given, if you are the plaintiff, then there are strategic reasons why you would want to sue the radiologist individually, e.g., getting something known as personal jurisdiction over him/her. Furthermore, do not rule out suing the hospital simply because the radiologist was not 'emplyed by them'. There are other reasons you might be able to sue the hospital, say, for example a possible failure to supervise the radiologist or a failure to inquire into the radiologist's background prior to hiring him/her. These matters can be better explained to you by an attorney competent in this area of the law in your geographical area. Good luck.
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