Do Not Buy Into These "Trends" Concerning Medical Malpractice Lawsuit

Making Medical Malpractice Legal

Medical malpractice is a complex legal issue. Physicians need to take steps to protect themselves from liability by obtaining adequate medical malpractice insurance coverage.

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

Duty of care

The first thing a medical malpractice attorney needs to establish in the case is the duty of care. All healthcare professionals have a duty to act according to the current standard of care applicable to their specific area of expertise. This includes doctors and nurses as also other medical professionals. It also extends to assistants or interns as well as medical students working under the guidance of an attending doctor or physician.

The standard of care is set by a medical expert witness in court. They review the medical documents and compare them to what a qualified doctor in the same field would do under similar circumstances.

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

If a surgeon removes a surgical instrument inside a patient after surgery, this can cause discomfort or other issues that could cause damage. A medical malpractice attorney can demonstrate through the testimony of an expert medical professional that the surgical team's negligence caused the damage. This is known as direct causation. The patient also has to provide proof of their injuries.

Breach of duty

A malpractice lawsuit can be filed if a medical professional violates the accepted standard of care and results in injury to a patient. The party who suffered the injury must prove that the physician violated their duty of care by providing treatment that was not up to par. In other words the doctor acted negligently and this led to the patient to suffer damages.

To establish that a doctor did not meet his duty of care, a knowledgeable attorney must present expert witness testimony to establish that the defendant did not possess or exercise the level of knowledge and skill that doctors in their field have. The plaintiff should also prove that there is a direct relationship between the alleged negligence and the harms sustained. This is referred to as causation.

Moreover, the injured plaintiff must also prove that they would not have chosen the path of treatment had they been adequately informed. This is also known as the principle of informed consent. Physicians have a duty to inform patients of the potential complications or risks that may arise from a procedure before they perform surgery or put the patient under anesthesia.

To make a medical malpractice case, the patient must file a lawsuit within a specific time period that is known as the statute of limitations. A court is almost always able to dismiss a claim that is filed after the deadline has passed regardless of how serious the mistake made by the health provider or how harmful 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 to arbitral binding arbitration in a voluntary manner as an alternative to the trial.

Causation

Medical malpractice cases require significant investment of time and money both for physicians who are involved in the litigation and their lawyers. The process of proving the treatment of a doctor was not in accordance with the accepted standard calls for a thorough review of records, interviews with witnesses, and an analysis of medical literature. A law requires that lawsuits be filed within the time frame established by the court. Generally speaking, this deadline -- also known as the statute of limitations -- begins to run when the mistake in health care occurred or when the patient realized (or ought to have realized according to the law) that they were injured due to a doctor's error.

Proving causation is one the four main elements of a medical malpractice claim, and perhaps the most difficult to prove. Lawyers must prove that a doctor's failure to fulfill the duty to care caused injury to a patient, and that the injury wouldn't have occurred had it not been due to the negligence of a doctor. This is referred to as actual or proximate cause. The legal standard for proving this element differs from that required in criminal cases, where evidence must be beyond reasonable doubt.

If an attorney can prove these three elements, the victim of malpractice could be entitled to monetary compensation. These damages are designed to provide compensation to the victim for injuries or loss of quality of life, and other losses.

Damages

Medical malpractice cases can be extremely complex and require expert testimony. The lawyer representing the plaintiff must demonstrate that a doctor failed to adhere to the standards of medical treatment, that this failure caused injury and that this injury resulted from damages. The plaintiff must also demonstrate that the injury is measurable in terms of money.

Medical negligence cases are among the most complicated and expensive legal cases you can bring. To lower the expense of litigation, states have introduced tort reforms aimed at enhancing efficiency by limiting frivolous claims as well as paying injured parties fairly. These measures include limiting the amount plaintiffs are entitled to for pain and suffering, limiting the number defendants who are responsible for paying an award, and the requirement of mediation or arbitration.

Many malpractice claims also involve complicated technical issues that are difficult to comprehend for juries and judges. This is why experts are crucial in these cases. If a surgeon makes an error during surgery, the lawyer of the patient should seek an orthopedic surgeon to explain how the mistake wouldn't have occurred if the surgeon had acted in accordance with the applicable medical standards.