Making Medical Malpractice Legal

Medical malpractice is a thorny legal issue. Physicians should be proactive to safeguard themselves from legal liability by purchasing a sufficient medical malpractice insurance.

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

Duty of care

The duty of care is the first aspect a medical malpractice lawyer must establish in a case. All healthcare professionals have a duty to their patients to behave in accordance with the standard of care that is appropriate to their particular field. This includes doctors and nurses as and other medical professionals. This includes medical students, interns and assistants working under the supervision of a doctor or physician.

A medical expert witness establishes the standard of care in the courtroom. They review the medical documents and compare them to what a qualified doctor in the same field would be doing under similar circumstances.

If the healthcare professional's actions or their lack of actions fell below this standard they have breached their duty of care and resulted in injuries. The patient who was injured then has to demonstrate that the breach of duty committed by the healthcare professional directly triggered their losses. This could include scarring, pain, and other injuries. They can also include medical costs loss of wages, as well as other financial losses.

If a surgeon leaves an instrument used for surgery inside the patient after surgery, this could cause discomfort or other issues which can lead to damages. A medical malpractice lawyer can demonstrate that the surgical team's lack of duty led to these injuries through testimony from medical experts. This is referred to as direct causality. The patient is also required to provide evidence of their damages.

Breach of duty

A malpractice claim can be filed if a medical professional violates the accepted standards of practice and causes injuries to patients. The injured party must show that the doctor violated their duty of caring by providing care that was inadequate. In other words the doctor was negligent and this caused the patient to suffer damage.

To prove that a doctor breached his duty to care, a knowledgeable attorney must present an expert witness testimony to demonstrate that the defendant was unable to possess or exercise the same level of expertise and understanding that doctors of their specialization have. The plaintiff must also prove that there is a direct link between the alleged negligence and the harms sustained. This is referred to as causation.

A person who is injured must also prove that he or she would not have chosen the treatment they received if informed. This is also called the principle of informed consent. Physicians must inform their patients about the risks and complications that may arise from a particular procedure prior to undergoing surgery or placing the patient under anesthesia.

In order to bring a medical malpractice claim, the patient who was injured must submit a lawsuit within a specified time known as the statute of limitations. A court will almost always dismiss a claim that is filed after the deadline has passed, no matter how egregious the health care provider's mistake or how damaging to the patient was. Some states require that the parties to a lawsuit for medical malpractice submit their claims to an independent screening panel or arbitral arbitration on a voluntary basis as an alternative to a trial.

Causation

Medical malpractice claims require a substantial investment of time and funds, both for the physicians who are involved in the lawsuit and their lawyers. The process of proving the doctor's treatment was different from the accepted standard calls for a thorough analysis of medical records, interview with witnesses, and a thorough analysis of medical literature. A law requires that lawsuits be filed within the time frame stipulated by the court. Typically, this deadline, also known as the statute of limitations, begins to run when a medical error was made or when a patient discovers (or should have known in the eyes of the law) that they were injured because of a medical error.

Causation is the fourth and most crucial aspect of a medical malpractice case. It can be the most difficult aspect to prove. A lawyer must prove that a doctor's breach in the duty of care resulted in injury to a patient, and that the injury would not have happened but because of the negligence of the doctor. This is referred to as actual or proximate cause and the legal standard for proving this element differs than that required in criminal proceedings, where the proof must be beyond reasonable doubt.

If a lawyer can prove these three key elements, then the sufferer of malpractice may be eligible for financial compensation from the defendant. The purpose of these monetary damages is to pay the victim for their injuries and loss of quality of life, and other expenses.

Damages

Medical malpractice cases can be complicated and require expert testimony. The attorney representing the plaintiff must demonstrate that the doctor failed to adhere to a standard of care, and medical malpractice that the negligence resulted in injury, and that this injury led to damages. The plaintiff also needs to prove that the injury was measurable in terms of money.

Medical negligence claims can be one of the most complicated and expensive legal proceedings. To cut down on the high costs of lawsuits, states have introduced tort reforms aimed at enhancing efficiency, limiting frivolous claims and paying injured parties fairly. Some of these measures include reducing the amount that plaintiffs can get for suffering and pain as well as limiting the number defendants who could be held accountable for the payment of an award (joint and multiple liability) as well as having arbitration, mediation or the submission of claims to a panel for screening prior to trial; and setting limits on the amount of damages awarded in medical malpractice suits.

In addition, many malpractice cases involve extremely technical issues that are difficult for judges and juries to grasp. This is why experts are so important in these cases. For example in the event that a surgeon makes a mistake during a surgery the patient's attorney must hire an orthopedic specialist to explain the reason for the mistake would not have occurred had the surgeon acted in accordance with relevant medical standards of care.