Making Medical Malpractice Legal

Medical malpractice is a complex legal matter. Physicians must take steps to safeguard themselves against liability by obtaining adequate medical malpractice insurance coverage.

Patients must prove that the doctor's breach of duty caused injury to them. Damages are dependent on economic losses, such as lost income, future medical costs and non-economic losses like pain and discomfort.

Duty of care

The first thing medical malpractice lawyers need to establish in a case is the duty of care. All healthcare professionals have a duty to their patients to behave according to the standard of care that is applicable in their field. This includes nurses, doctors and other medical professionals. It also covers assistants, interns, and medical students working under the guidance of an attending doctor or physician.

A medical expert witness is able to determine the standard of care in court. They look over the medical documents and compare them to what a qualified doctor in the same field would have done under similar circumstances.

If the healthcare professional's actions or their lack of actions fell below the standard, they have breached the duty of care and caused injury. The injured patient has to prove that the breach of duty by the healthcare professional directly caused their losses. These could include scarring, pain and medical malpractice lawyers other injuries. They also can include financial losses, such as medical expenses and lost wages.

If a surgeon leaves a surgical instrument inside the patient following surgery it could cause discomfort or other issues which can lead to damages. Medical malpractice lawyers can demonstrate through the testimony of an expert in medical practice that the surgical team's negligence led to these damage. This is referred to as direct causation. The patient is also required to show proof of their injuries.

Breach of duty

A malpractice lawsuit can be filed if a medical professional violates the accepted standard of practice and causes injuries to the patient. The victim must prove that the physician did not fulfill their duty of care by providing treatment that was not up to par. In other words, the doctor acted negligently and this caused the patient to suffer damages.

To prove that a physician violated their duty of care, a seasoned attorney must present evidence from an expert to show that the defendant failed to be a practitioner or possess the level of expertise and knowledge possessed by doctors who are experts in their field. The plaintiff must also prove that there is a direct link between the alleged negligence and the injuries sustained. This is called causation.

Moreover, the injured plaintiff must show that they would not have chosen the course of treatment if they had been properly informed. This is also called the principle of informed permission. Physicians must inform patients of potential dangers or complications associated with the procedure prior to performing surgery or put the patient under anesthesia.

The statute of limitations is a time period that must be adhered to by the patient who was injured to make a claim for medical malpractice. A court will typically dismiss a claim that is filed after the time limit has expired regardless of how grave the health care provider's mistake or how harmful to the patient was. Certain states have laws that require plaintiffs in a medical malpractice suit to participate in voluntary binding arbitration or submit their claims to a screening panel as an alternative to going to trial.

Causation

Medical malpractice cases require a substantial amount of time and money, both for the doctors involved in the lawsuit and their lawyers. The process of proving that the doctor's treatment was different from the accepted standard requires extensive examination of medical records, interviews with witnesses, as well as an analysis of medical literature. Additionally, lawsuits must be filed within the specified period of time that is set by law. Generally, this deadline--called the statute of limitations begins to run when a medical error was made or when the patient discovered (or should have known under the terms of the law) that they were harmed by a physician's mistake.

Proving causation is among the four main elements of medical malpractice claims and perhaps the most difficult to prove. A lawyer must prove that a breach by a doctor in the duty of care resulted in injuries to a patient and that the injuries wouldn't have occurred had it not been for the physician’s negligence. This is referred to as real or proximate cause and the legal standard to prove this element differs than that required in criminal proceedings, where the proof must be beyond reasonable doubt.

If a lawyer can establish the three main elements, then the sufferer of malpractice could be eligible for financial compensation from the defendant. These damages are designed to provide compensation to the victim for injuries and loss of quality of life and other damages.

Damages

Medical malpractice cases are typically complex and require extensive expert testimony. The plaintiff's lawyer must show that a doctor failed to follow an established standard of medical treatment and that the failure led to injuries and that the injury resulted in damages. The plaintiff must also prove that the injury was quantifiable in terms of money.

Medical negligence cases are among the most complicated and expensive legal proceedings to bring. To cut down on the high costs of litigation, states have introduced tort reform measures aimed at improving efficiency in limiting frivolous claims, and compensating injured parties fairly. Some of these measures include limiting the amount plaintiffs can claim for suffering and pain and limiting the number of defendants that could be accountable for paying an award (joint and several liability); requiring arbitration, mediation or the submission of claims to a panel to be screened prior to trial; and setting limits on damages in medical malpractice lawsuits.

Many malpractice cases also involve complex technical issues, which are difficult for juries and judges. Experts are vital in these cases. For example, if a surgeon makes mistakes during surgery the patient's attorney must engage an orthopedic expert to explain how that specific mistake would not have occurred had the surgeon performed the surgery according to the relevant medical guidelines of care.