Making Medical Malpractice Legal

Medical malpractice is a highly specialized legal area. Physicians should take precautions to protect against potential liability by purchasing appropriate medical malpractice insurance.

Patients must show that the doctor's breach of duty caused injury to them, and damages are determined by the actual economic loss such as lost income, costs of future medical procedures, in addition to non-economic losses, such as pain and suffering.

Duty of care

The first element that a medical malpractice lawyer needs to establish in the case is the duty of care. All healthcare professionals have a duty to their patients to behave according to the standards of care applicable in their field. This includes doctors, medical Malpractice nurses, and other medical professionals. This includes medical students, interns and assistants working under the supervision of a doctor or physician.

A medical expert witness decides the standard of care in court. They examine the medical records to determine what a reputable physician in the same area would have done under similar circumstances.

If the healthcare professional's actions, or lack of action fell below the standard, they breached their duty of care and caused harm. The injured patient must then prove that the professional's actions directly led to their losses. This may include scarring, discomfort, and other injuries. These can include medical expenses as well as lost wages and other financial losses.

For instance If a surgeon had left a surgical instrument inside the patient after surgery, it may cause pain and other problems that could cause damage. A medical malpractice lawyer can demonstrate that the surgical team's lapse of duty led to these damage through testimony from a medical expert. This is referred to as direct causality. The patient must also present proof of their injuries.

Breach of duty

When a medical professional deviates from the accepted standard of care, and this deviation causes an injury to the patient A malpractice claim can be filed. The victim must prove that the physician breached their duty of care by offering substandard treatment. In other words the doctor was negligent and this led to the patient to suffer damage.

To prove that a doctor violated his duty of care, a seasoned attorney has to present an expert witness testimony to show that the defendant did not have or exercise the level of knowledge and skill that doctors in their field have. The plaintiff must also demonstrate that there is a direct connection between the alleged negligence, and the resulting injuries. This is called causation.

A plaintiff who has been injured must also prove that they would not have chosen one particular treatment had they been properly informed. This is also known as the principle of informed permission. Doctors are required to inform their patients about any potential risks or complications associated with a particular procedure prior to undergoing surgery or placing the patient under anesthesia.

The statute of limitations is a time period that must be adhered to by the injured patient to file a claim for medical malpractice. A court will typically reject a claim filed after the statute of limitations has passed regardless of how grave the mistake made by the health provider or how harmful to the patient was. Certain states have laws that require the participants in a medical malpractice law firm malpractice suit to engage in binding arbitration on their own or submit their claims to a screening panel prior to going to trial.

Causation

Both the attorneys and the doctors involved in the litigation have to invest significant amounts of time and resources to prove medical malpractice. The process of proving the doctor's treatment was different from the accepted standards requires extensive review of medical records, appoints with witnesses, and a thorough analysis of medical literature. The law requires that lawsuits be filed within the timeframe that is set by the court. Generally speaking, this deadline -- also known as the statute of limitations, begins to run after the mistake in health care occurred or when the patient realized (or ought to have realized according to the law) that they were injured by a physician's mistake.

The proof of causation is one the four fundamental elements of a medical malpractice case and perhaps the most difficult to prove. A lawyer must show that the breach of the duty of care directly resulted in injury to the patient, and that the losses or injuries were not the case but for the physician's negligence. This is referred to as proximate or actual cause and the legal standard to prove this element differs from that of criminal cases, in which the proof must be beyond reasonable doubt.

If a lawyer can prove these three key factors, then the victim of malpractice could be entitled to an amount of money from the defendant. These monetary damages are intended to provide compensation to the victim for injuries or loss of quality of life and other damages.

Damages

Medical malpractice cases can be complex and require expert testimony. The attorney for the plaintiff must show that the doctor did not comply with a standard of medical care, and that the negligence resulted in injury, and that such injury caused damages. The plaintiff must also demonstrate that the injury is measurable in terms of financial value.

Medical negligence claims are among the most difficult and medical malpractice expensive legal actions you can bring. To reduce the cost of litigation, states have introduced tort reform measures aimed at improving efficiency, limiting frivolous claims and compensating injured parties fairly. Some of these measures include reducing the amount that plaintiffs are able to receive for suffering and pain while limiting the number defendants who may be responsible for paying an award (joint and multiple liability) and having arbitration, mediation or the submission of an action to a panel to be screened prior to trial; and imposing limits on damages in medical malpractice suits.

Additionally, many malpractice cases involve extremely technical issues that are difficult for judges and juries to comprehend. Experts are vital in these cases. If the surgeon commits an error during surgery, the lawyer for the patient must hire an orthopedic surgeon to explain why the error would not have happened should the surgeon acted in accordance with the applicable medical guidelines.