12 Facts About Medical Malpractice Lawsuit To Make You Look Smart Around The Cooler Water Cooler

Making Medical Malpractice Legal

Medical malpractice is a difficult legal area. Physicians must be aware of the need to protect themselves against liability by obtaining adequate medical malpractice insurance coverage.

Patients need to prove that the physician's breach of duty led to injury. Damages are contingent on economic losses such as lost income, future medical costs and other non-economic losses such as discomfort and pain.

Duty of care

The duty of care is the most important element a medical malpractice lawyer must establish in a case. All healthcare professionals have a duty to act in accordance with the prevailing standard of care for their specific field. This includes nurses and doctors as also other medical professionals. This also applies to assistants interns, medical students who work under the direction of an attending doctor or physician.

The standard of care is determined by an expert medical malpractice attorney witness in the court. They review the medical records and compare them with the standards of care a competent doctor in the same field would do under similar circumstances.

If the healthcare professional's or their conduct fell below this standard they have breached the duty of care and caused injury. The injured patient is then required to demonstrate that the breach of duty committed by the healthcare professional directly triggered their losses. These can include scarring, pain and other injuries. They could also include financial losses like medical expenses and lost wages.

For instance If a surgeon had left a surgical instrument inside the patient after surgery, it can cause pain and other problems that lead to damages. A medical malpractice lawyer can demonstrate that the surgical team's lack of duty led to these damages by relying on the testimony of a medical expert. This is known as direct causality. The patient also has to provide proof of their injuries.

Breach of duty

If a medical malpractice law firm professional strays from the accepted standard of care, and this causes injury to the patient, a malpractice claim may be filed. The person who was injured must prove that the doctor breached their duty of caring by providing care that was inadequate. In other words the doctor acted negligently and this led to the patient to suffer damage.

To prove that the physician breached their duty of care, a competent attorney must present expert testimony to show that the defendant failed to have or exercise the level of skill and knowledge held by doctors who are experts in their field. Further, the plaintiff must demonstrate a direct link between the alleged negligence and the injuries that were sustained which is referred to as causation.

A person who is injured must prove that they would not have opted for a particular treatment if properly informed. This is also referred to as the principle of informed consent. Physicians have a duty to inform patients of the potential dangers or complications associated with a procedure before they perform surgery or put the patient under anesthesia.

In order to file a medical negligence case, the patient must file a lawsuit within a specific time period that is known as the statute of limitations. Whatever the severity of the error made by the healthcare provider or the extent to which the patient has been injured, a court will almost always dismiss any claim that is filed after the statutes of limitations have passed. Certain states require that parties to a lawsuit for medical malpractice submit their claims to an independent screening panel or to voluntary binding arbitration as an alternative to the trial.

Causation

The lawyers and doctors involved in the litigation must spend a considerable amount of time and effort to demonstrate medical malpractice. To prove that a doctor’s treatment was not in accordance with the standards the court must look over records, talk to witnesses, and study medical literature. Furthermore, lawsuits must be filed within a certain period of time stipulated by law. Generally, this deadline - referred to as the statute of limitations -- begins to run after the health care treatment error occurred or when a patient discovers (or should have known in the eyes of the law) that they were injured due to a doctor's error.

Proving causation is one of the four elements that are essential to a medical malpractice case and perhaps the most difficult to prove. Lawyers must prove that a doctor's breach of the duty of care directly resulted in injury to the patient, and that the injuries or losses could not have occurred except due to the negligence of a physician. This is referred to as real or proximate causes. The legal requirement to prove this element differs than that required in criminal proceedings, in which the proof must be beyond reasonable doubt.

If a lawyer is able to establish these three elements, then the sufferer of malpractice may be able to claim financial compensation from the defendant. The purpose of these damages is to compensate the victim for their injuries, loss of quality of life, and other damages.

Damages

Medical malpractice cases can be complex and require expert testimony. The plaintiff's lawyer must prove that a physician failed to follow the standards of medical treatment, that this failure caused injuries, and that the injury resulted from damages. The plaintiff must also demonstrate that the injury can be quantified in terms of dollar value.

Medical negligence claims are among the most complicated and costly legal actions to bring. To combat the high cost of lawsuits, states have introduced tort reform measures that aim to improve efficiency in limiting frivolous claims, and compensating injured parties fairly. These measures include limiting what plaintiffs are entitled to for pain and suffering, and limiting the number defendants who are responsible for paying an award, and requiring arbitration or mediation.

Many malpractice claims also involve technical issues that are difficult for juries and judges. Experts are essential in these cases. For instance when a surgeon makes an error during surgery the patient's attorney must engage an orthopedic expert to explain why the specific error would not have occurred should the surgeon have acted according to the relevant medical standards of care.