Is there usually an agreement between a clinic and surgeons who operate there regarding liability?
If a clinic has been properly advised you would expect them to have fully thought through potential situations and they would then have a jurisdiction clause. I would also expect them to properly check out a surgeon’s status, credentials and experience. If I were running a clinic, I’d want to know that a surgeon would indemnify my clinic if we were to face a claim arising from the surgeon’s blunder. As a lawyer acting for a patient our duty to the client is to follow the fastest route to get compensation, we don’t want to have to track surgeons down so if we can’t find the surgeon, as in this case, then we’ll go after the clinic and will always try and sue the clinic. If a clinic didn’t check out a surgeon’s credentials, they could still be liable for their negligent choice of surgeon.
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