Medical Malpractice Law

Medical mistakes can occur even with the best education or a pledge to not harming others. When medical mistakes occur the consequences for patients can be devastating.

The law of malpractice is a part of tort law that focuses on professional negligence. A malpractice suit must satisfy four fundamental requirements.

In the United States, malpractice claims are typically filed in state trial court. Extensive legal tools, including depositions under oath, are utilized in order to collect evidence for the case.

Duty of care

A doctor is bound by the duty of care if there is a patient-doctor relationship. This is applicable regardless of whether the doctor treats you in the hospital or at your home. However, there are situations where doctors could be at risk of malpractice even without the existence of a doctor-patient relationship.

Anyone who is under a duty to care must behave in a manner that reasonable people would do under the circumstances. A driver, for example is bound by a duty of care to drive in a safe manner and not to cause harm to other road users. If the driver fails in this duty and causes an injury, he or her can be held responsible for any injuries that occur as a result.

Doctors are bound to taking care of their patients at all times. This is true even when a doctor is not your official physician such as when you ask for advice in an elevator or at a restaurant. Good Samaritan laws often limit this obligation to be good Samaritan.

Medical professionals are also bound by a duty of care to warn their patients of the risks involved in certain procedures and treatments. Failure to do this is the breach of a medical professional's duty. A doctor can also breach their duty of care if they provide you a medication that is known to interact with other medications you are taking.

Breach of duty

In general, doctors are under an obligation to their patients to provide their patients with medical treatment that is consistent with accepted standards of practice. This standard is established by the current laws and standards that are drafted by medical organizations. When a doctor does not comply with this duty, they are acting negligently. A malpractice lawyer will investigate the evidence and determine whether there was a violation of the standard of care.

A doctor could be in violation of their duty of care in a variety of ways. It's not only about whether the doctor did something normal people would not do in the same situation but also things they ought to have done or did not do. It is often necessary to have expert witness testimony to determine what the accepted medical standard of practice would have been.

A doctor might have violated their duty of care if they prescribe an unintentionally dangerous medication with another medication. This is a common error that can result in grave health consequences.

But, simply proving that an error in duty was committed is not enough to establish malpractice. You must establish that there was a direct link between negligence of the doctor and your injuries or sickness in order to receive damages. This is known as causation. In some instances it may be difficult to establish the causal link. A knowledgeable malpractice attorney will search for the evidence required to establish this connection.

Causation

A malpractice case only has legal validity if the plaintiff is able to demonstrate that the defendant's negligence caused the injuries and losses. Proving medical negligence requires the use of expert testimony to establish the existence of a patient-provider relationship and that the service provider violated the acceptable standard of medical care. It is essential that the harm suffered by an individual be directly related to the act or omission that violated the standard. This is called causality or the proximate cause.

When proving legal malpractice it is essential to show that the attorney's negligence caused significant negative consequences for you. It is essential to prove that the cost of a lawsuit outweigh your losses. The plaintiff must also prove that negligence caused actual and measurable damages.

In most malpractice cases the discovery process involves oral depositions. Your lawyer will represent you at these depositions, and ask questions of the defense experts to challenge their findings and to show that the evidence backs your assertions. It is essential to have an experienced medical malpractice attorney on your side as establishing the four elements of malpractice, including duty, breach causation, harm and breach is complex and time-consuming. Your lawyer is familiar with every step in the process and will assist to meet all the requirements. The more steps you fulfill the better chance you have of winning your claim.

Damages

The monetary compensation a patient receives in a malpractice case is based on the extent of their injury and the amount they require to pay medical bills, loss of income, or other financial losses. In some cases the plaintiff may be awarded punitive damages in order to punish the doctor for their conduct. However, they are not common since doctors must have committed a deliberate or reckless act to be awarded punitive damages.

The law requires that anyone alleging medical malpractice prove four elements or legal requirements: (1) there was a duty of care on the part of the physician; (2) the doctor breached the duty of care by straying from the accepted standards of practice; (3) as a result of the doctor's deviance, the victim suffered injury and (4) the injury is measurable in terms of an amount in dollars. In addition, the injured party must make a claim within the time limit which varies according to the state.

The law recognizes the fact that some medical malpractice claims are complex and costly to settle, especially if they involve complicated issues such as proximate causes or foreseeability. The goal of the law is to offer victims the justice they deserve, without allowing frivolous and opportunistic lawsuits to block courts. It also seeks to reduce costs by requiring that all defendants bear responsibility for a claim's success (joint and multiple liability); limiting the total amount that a plaintiff can be awarded if other defendants aren't able to provide funds to pay ("damage caps) and prohibiting doctors from practicing defensive medicine, which includes changing their treatment plans due to the threat of malpractice lawsuits.