According to the estate of actor Bill Paxton, both the surgeon who was operating on Paxton at the time of his death and the hospital where the procedure occurred are guilty of negligence. Both defendants disagree, claiming Paxton was aware of the risks. In Florida, it's not uncommon for wrongful death suits to target both the doctor and the medical facility.
According to court filings, Paxton's doctor and hospital are accused of providing the film star with 'negligent diagnosis, management and treatment." They claim this negligence contributed to the death of the 61-year-old actor. The lawsuit alleges that the hospital 'misrepresented or concealed information regarding the risks" of the surgery, and also failed to explain the full nature of the procedure. The estate also claims the doctor used a high-risk procedure that he was not properly trained on.
Attorneys for the hospital and doctor pushed back in their own filing, however. The defendants argued that Paxton was aware that the treatment he was receiving had risks. They claim that at no point in the process was Paxton not aware of the potential risks, and also that a pre-existing condition of Paxton's further complicated the procedure.
While many of the common stories regarding medical malpractice focus on conduct of a doctor or surgeon, it's important to remember that in many cases the hospital is also at fault. An individual who has been injured due to hospital negligence could discuss their case with an experienced medical malpractice attorney. Legal counsel may help them recover damages relating to medical bills and pain and suffering.