What Makes Medical Malpractice Legal?
Medical malpractice claims must fulfill a strict set of legal requirements. This includes meeting a statute-of-limitations and proving that the injury was the result of negligence.
All treatments carry a level of risk. A doctor must inform you of these risks in order to get your informed consent. But, not every adverse outcome is considered malpractice.
Duty of care
A doctor is bound by a duty of care. If a doctor fails meet the medical standards of care, it could be considered to be a form of malpractice. It is important to understand that a doctor's obligation of care only applies when there is a relationship between patient and doctor in place. If a doctor has been working as a member on an employee at a hospital, for example it is not possible to be held accountable for their actions in this regard.
The obligation of informed consent is a responsibility of doctors to inform their patients of the potential risks and consequences. If a doctor fails provide this information to patients prior to administering medications or performing surgery, they may be held liable for negligence.
Doctors are also accountable to only treat within their expertise. If a doctor is working outside their area of expertise, they should seek out the proper medical assistance to avoid any malpractice.
In order to bring a lawsuit against a medical professional, you must prove that they breached their duty of care and constituted medical malpractice. The plaintiff's legal team must also prove that the breach caused injury to them. This injury could include financial damage, such as the need for medical treatment or a loss of earnings due to missing work. It is possible that the doctor made a mistake that resulted in psychological and emotional harm.
Breach
Medical malpractice is among many types of torts that are available in the legal system. Contrary to criminal law, torts are civil wrongs that allow a victim to recover damages from the person responsible for the offense. The foundation of medical malpractice lawsuits is the concept of breach of duty. A doctor is required to provide care to patients based on medical standards. A breach of these duties is when a physician fails to follow these standards, and consequently results in injury or harm to the patient.
The majority of
medical malpractice attorneys negligence claims stem from a breach of duty which includes medical malpractice by doctors working in hospitals and other healthcare facilities. However, a claim for medical malpractice could also arise from the actions of private doctors in a clinic or any other medical practice setting. Local and state laws could define additional rules regarding what obligations a physician has to patients in these types of settings.
In general medical malpractice cases, you must prove four
legal elements to succeed in a court of law. The elements are: (1) the plaintiff was legally obligated to provide caring by the medical profession; (2) the doctor did not adhere to these standards; (3) this breach resulted in injury to the patient; and (4) it resulted in damages to the victim. Medical malpractice cases that are successful typically involve depositions of the doctor who is the defendant along with other experts and witnesses.
Damages
In a medical malpractice claim the victim must show that there are damages caused by the medical professional's breach of duty. The patient must also prove that the damages are quantifiable and result of an injury caused due to the negligence of the doctor. This is known as causation.
In the United States, the legal system is designed to promote self-resolution of disputes by legal advocacy that is adversarial by the lawyers. The system is based on extensive pretrial discovery through requests for documents, interrogatories depositions and other means of gathering information. This information is used to prepare for trial by the litigants and inform the court about what is at stake.
Almost all cases in medical malpractice lawsuits end up in court before they reach the trial stage. This is due to the time and expense of resolving litigation by jury verdicts and trial in state courts. Many states have implemented administrative and legislative measures collectively known as tort reform.
This includes removing lawsuits in which one defendant is responsible for paying the plaintiff's total damages award, in the event that the other defendants are not able to afford the funds to pay (joint and multiple liability) and allowing the reimbursement of future costs such as medical expenses and lost wages to be paid in installments, rather than a lump sum; and restricting the amount of compensation in malpractice cases.
Liability
In every state, medical malpractice claims must be filed within a specific time frame, also known as the statute. If a lawsuit has not been filed by that deadline the case will most likely be dismissed by the court.
To prove medical malpractice the health professional must have violated his or her duty of care. This breach must also have caused harm to the patient. The plaintiff must also establish proximate causation. Proximate causes are the direct connections between a negligent act, or negligence, and the injury the patient sustained due to it.
Generally all health care professionals are required to inform patients of the potential risks of any procedure they are contemplating. If a patient is not informed of the potential risks and is later injured, it may be medical malpractice to not give informed consent. For instance, a doctor may inform you that you have prostate cancer and treatment is likely to involve the removal of a prostatectomy (removal of the testicles). Patients who undergo this procedure without being warned about the possible risks and who later experiences impotence or urinary incontinence may be legally able to sue for negligence.
In certain situations those involved in a medical negligence suit might choose to use alternative dispute resolution methods like mediation or arbitration before the trial. A successful mediation or arbitration will often aid both sides in settling the matter without the need for a long and costly trial.