The original tortfeasor rule holds that one may be liable for medical negligence – even if they aren’t a doctor. It occurs in situations where evidence can show a plaintiff’s original injury is aggravated by improper medical or surgical treatment.
It’s akin to the “eggshell skull rule,” which holds that a wrongdoer is liable for all consequences that result from his or her negligent actions, even if the victim suffers an unusually high level of damage. That includes damage that may be caused by medical negligence.
However, that does not mean that car accident defendants are automatically liable for medical negligence. In the case of Cramer v. on. Starr, recently before the Arizona Supreme Court. Continue reading