Medical Malpractice Law
Even with the most thorough training and a pledge to never cause harm, medical errors could occur. When medical errors do occur and the consequences for patients could be devastating.
Malpractice law is a branch of tort law that addresses professional negligence. A
malpractice lawsuit (
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In the United States, malpractice claims are usually filed in state court. To collect evidence, a variety of legal tools are used and include depositions conducted under the oath.
Duty of care
If you are in a doctor-patient relationship, a doctor has a responsibility of caring to you. This is true whether the doctor is treating you in a hospital or in your own home. There are certain instances where doctors can be held liable for malpractice even though there isn't a relationship between doctor and patient.
A person who is obligated to perform the duty of care must act in a manner that reasonable people would act under the circumstances. A driver, for instance has a responsibility of care to drive safely and not to cause injury to other road users. If the driver is not able to meet this duty and causes injury, they can be held responsible for any injuries that result.
Doctors are accountable for the care of their patients at all times. This includes the time when the doctor is not your doctor, for instance when you ask a doctor for advice in an elevator or outside of the restaurant. However, the obligation to be a good Samaritan is often limited by Good Samaritan laws.
Medical professionals are required to inform patients about the dangers associated with certain procedures and treatments. Failure to do this is an infraction of the medical professional's duty. A doctor can also breach their duty of care when they give you a medication known to interact with other medications you are taking.
Breach of duty
In general, doctors owe patients the obligation of providing medical treatment that is in line with the standards of practice that are accepted. This standard is determined by the laws of today and by standards developed by medical associations. If a doctor fails to meet this obligation is deemed negligent. A malpractice attorney will look over the evidence and determine if there was a breach of the standard of care.
A doctor may violate their duty of care in a number of ways. It's not just about if doctors did something that normal people would not do in the same circumstances as well as things they should have done or didn't do. It is often necessary to have expert witness testimony to determine what the accepted medical standard of care would have been.
For example, a doctor who prescribes a medication recognized to be in danger of interaction with other drugs may have violated their obligation. This is a common mistake which can have serious health consequences.
It is not enough to prove that malpractice occurred. To be awarded damages, you have to show that there was a direct link between the doctor's breach of duty and your injury or illness. This is known as causation. It can be a difficult connection to make in some cases, but a seasoned malpractice lawyer will work hard to find the evidence to prove the link.
Causation
A malpractice claim can be substantiated only if the plaintiff can demonstrate that the defendant's negligence resulted in the injury and losses. Proving medical negligence requires the use of experts to prove that a relationship between the patient and the provider existed and that the service provider violated the accepted standard of care. It is essential that the harm to a person be directly linked to the act or omission which violated the standard. This is called causality or proximate causes.
In order to prove legal malpractice it is essential to prove that the lawyer's lapse resulted in significant negative consequences for you. You must prove that the cost of a lawsuit far exceed the losses. The plaintiff must also prove that the negligence caused real and tangible damage.
In the majority of malpractice cases the discovery process includes oral depositions. Your lawyer will represent your interests during these depositions. They will ask questions of the defense experts to challenge their findings and to prove that the evidence supports the assertions. A medical malpractice lawyer with experience is essential to your case as establishing the four elements, namely duty breach, causation and harm, can be difficult and time consuming. Your lawyer will guide you through each step. The more steps you complete the greater chance you are of winning your claim.
Damages
The amount of money a person receives in a malpractice case depends on their injury and the amount they require to pay medical bills, loss of income, or other financial losses. In some cases the plaintiff could also be awarded punitive damages as a way to punish the doctor for their conduct. These are rare, as doctors must have acted with recklessness or with the intention of receiving punitive damages.
Anyone who asserts medical negligence must prove four elements, or legal requirements. These include: (1) that the doctor had a duty of taking care of patients; (2) that the doctor violated his duty by departing from the standard of practice that are in place; (3) the victim was injured as a result; and (4) the damage is quantifiable. In addition the person who was injured must start a lawsuit within applicable statute of limitations which varies according to the state.
The law recognizes that medical malpractice lawsuits are complex and costly to resolve, particularly when they involve complicated questions like proximate reasons or the possibility of foreseeability. Its goal to give victims the justice they deserve, while preventing unjustified and opportunistic lawsuits clog up courts. It also aims at reducing costs by requiring that all defendants bear the liability for a claim's outcome (joint and several responsibility); limiting the total amount a plaintiff could be awarded if other defendants aren't able to provide funds to pay ("damage caps"); and preventing doctors from practicing defensive medicine, which entails altering their treatment plans due to the risk of malpractice lawsuits.