Medical Malpractice Law

Medical errors can happen even with the most thorough training or a sworn pledge of not harming others. When they do, the results can be devastating for patients.

Malpractice law is a branch of tort law that focuses on professional negligence. A malpractice lawsuit must meet four basic requirements:

In the United States, malpractice claims are typically filed in state trial courts. Numerous legal tools, like depositions under oath, are used to gather information to support the case.

Duty of care

A doctor is bound by a duty of care whenever there is a patient-doctor relationship. This is applicable regardless of whether the doctor is treating you in a hospital or in your home. There are certain instances where doctors may be held accountable for their actions even when there is no patient-doctor relation.

Someone who is bound by an obligation of accountability must behave in the same manner as a reasonable individual under the circumstances. A driver, for instance has a duty to care to drive with safety and not to cause injury to other road users. If the driver fails to adhere to this duty and results in an accident, he/she could be held accountable for any injury that results.

Doctors are accountable for the care of their patients at all times. This includes situations where doctors aren't officially your doctor, like when you seek a doctor's advice in an elevator or in an establishment. Good Samaritan laws often limit the obligation to be a good Samaritan.

Medical professionals are required to inform patients about the dangers associated with certain procedures and treatments. Inaction to warn patients is a breach of a doctor's duty. A doctor could also be in breach of their duty if they prescribe you a medication that interacts other medications you are taking.

Breach of duty

Generally speaking, doctors owe patients a duty to provide medical care that conforms to the standards of practice that are accepted. This standard is established by the current laws and lawsuit standards drafted by medical associations. If a physician fails to meet this duty, they are acting negligently. A malpractice lawyer will examine the evidence to determine if the standards of care were violated.

A doctor could violate their obligation of care in a variety ways. It is not only a matter of whether they did something an ordinary person wouldn't in the same scenario; it also covers what they could have done and did not do. In most cases, it requires expert witness testimony to determine what the accepted medical standard of care would have been.

A doctor could have violated their responsibilities if they prescribe a medication that interacts dangerously with another drug. This is a common mistake that can result in serious health consequences.

However, simply proving that the breach of duty occurred is not enough to establish negligence. You must prove an actual connection between the doctor's negligence and your injury or illness to receive damages. This is known as causation. In some cases it is difficult to establish the connection. A competent attorney for malpractice will work hard to find the evidence needed to prove this connection.

Causation

A malpractice lawsuit only has legitimacy if the plaintiff can demonstrate that the defendant's negligence resulted in the loss and injuries. The process of proving medical negligence requires the use of expert testimony to establish that a patient-provider connection existed and that the medical professional violated the accepted standard of care. It is essential that the injury suffered by someone be directly connected to the act or omission that was in violation of the standard. This is known as causality or proximate causes.

In order to prove legal malpractice it is essential to prove that the negligence of the attorney had significant negative ramifications for you. A lawsuit can be expensive, so you have to be able to prove that your losses are greater than the cost of the lawsuit. The plaintiff must also prove that negligence caused real and tangible damage.

In most malpractice cases the discovery process involves oral depositions. Your lawyer can represent your rights at these depositions. They will ask questions to experts on defense to challenge their findings, and to prove that the evidence supports the allegations. It is imperative to have an experienced medical malpractice attorney on your side since establishing the four elements of malpractice, which include breach, duty of duty, causation and harm is complicated and time-consuming. Your lawyer will guide you through every step of the process. The more steps you follow the greater chance you have of winning your claim.

Damages

The amount of compensation a patient will receive when suing a medical professional depends on the severity of their injuries, as well as how much they will require to pay medical bills and lost income, lawsuit as well as any other financial loss. In certain cases there may be punitive damages given to the plaintiff in retaliation for the malpractice of the doctor. These are rare, as doctors must have acted with recklessness or with the intention of receiving punitive damages.

A person who claims medical malpractice must prove four aspects, or legal requirements. These include: (1) that the doctor was required to exercise taking care of patients; (2) that the doctor violated his obligation by deviating from the standard of practice; (3) the victim was injured as a result and (4) the injury is quantifiable. In addition the injured party must file a lawsuit within the time limit which varies according to the state.

The law recognizes the fact that medical malpractice lawsuits can be costly and complicated to resolve, especially when they are based on complicated issues such as proximate causes or foreseeability. Its aim is to give victims the redress they deserve without allowing opportunistic or frivolous lawsuits to clog the courts. It also seeks to reduce costs by insisting that all defendants share the responsibility for the success of a lawsuit (joint and multiple responsibility) as well as limiting the maximum amount that a plaintiff can be awarded if other defendants aren't able to provide funds to pay ("damage caps") and also preventing doctors from practicing defensive medicine, that is, changing their treatment plans due to the danger of malpractice lawsuits.