A good friend of mine asked this question the other day. She knows that there are very good defense lawyers who make a living representing doctors and hospitals in medical malpractice lawsuits.
She then asked what happens if a defense lawyer, who makes their living defending doctors and hospitals, suffers harm because of carelessness done by a doctor or a hospital?
I told her quite honestly that they have the same rights that everyone else does. Even though they may represent doctors and hospitals as a profession, if they or their family members suffered injury because of neglect or negligence by a doctor or hospital they have an absolute right to seek compensation for the injuries they suffered.
There are certain political ramifications that will occur if the defense attorney turned around and sued one of the hospitals that he regularly represents. That would be a conflict of interest. It certainly would be uncomfortable. In that instance, it would be wise for the attorney to seek competent and experienced trial counsel to represent him. He will also need to be upfront with the hospital's insurance company and the hospital about what he was doing so there were no surprises later on.
Assuming the lawyer or family member of his suffered injury in a hospital he did not represent, he would still have the same rights and obligations as any other injured victim in the state of New York. Whether he would exercise those options and bring a lawsuit is a different story.