Who is typically the defendant in a medical malpractice case?

• A. Healthcare worker
• B. Hospital
• C. Patient
• D. Insurance company

Answer: (A)

In medical malpractice cases, the party who is typically sued is the healthcare worker who provided or supervised the care. This makes sense because a malpractice claim hinges on whether the professional breached the standard of care owed to the patient—whether their actions or omissions fell below what a competent practitioner would have done under similar circumstances, and whether that breach caused injury. The healthcare worker is usually the defendant because they directly carried out the medical decisions and procedures in question.

Hospitals or clinics can also be named in some situations, especially if the claim involves negligent supervision, staffing, or credentialing, or under theories like corporate negligence. However, the default target for the claim is the individual professional who delivered the care. The patient is the plaintiff, and insurance companies typically appear as the defense representing the healthcare provider, rather than as the defendant.