Making Medical Malpractice Legal
Medical malpractice is a difficult legal matter. Physicians need to take steps to protect themselves from legal liability by obtaining sufficient medical malpractice insurance coverage.
Patients must prove that the doctor's breach of duty caused harm to them. Damages are determined by the actual economic loss such as lost income and the cost of future medical procedures, as well as non-economic losses such as suffering and pain.
Duty of care
The first thing medical malpractice lawyers need to establish in a case is the duty of care. All healthcare professionals owe their patients a duty to act in accordance with the prevalent standards of care in their particular field. This includes doctors and nurses as and other medical professionals. This also applies to assistants interns, medical students under the supervision of an attending physician or doctor.
A medical expert witness establishes the standard of medical care in the courtroom. They examine the medical records to determine what a qualified physician in the same field would have done in similar circumstances.
If the healthcare professional's actions, or lack of care fell below this standard, they violated their duty of care and caused injury. The injured patient has to prove that the breach of duty by the healthcare professional directly triggered their losses. This can include scarring, injuries, and pain. They also can include financial loss such as medical expenses and lost wages.
If a surgeon has left an instrument used for surgery inside the patient following surgery, this could trigger pain or other issues, which could lead to damage. A medical malpractice lawyer could prove that the surgical team's breach of their duty caused these damages by relying on the testimony of a medical expert. This is referred to as direct causation. The patient is also required to show evidence of their damages.
Breach of duty
When a medical professional deviates from the accepted standard of care, and this leads to an injury to the patient then a malpractice lawsuit can be filed. The victim must prove that the doctor violated their duty of caring by providing care that was not up to par. The doctor must have acted negligently and caused the patient to suffer damage.
To prove 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 same level of expertise and knowledge doctors with their particular expertise have. In addition, the plaintiff must establish a direct causal connection between the negligence alleged and the injuries he suffered that resulted from it. This is known as causation.
A person who is injured must prove that he or she would not have opted for one particular treatment had they been properly informed. This is also known as the principle of informed consent. Physicians must inform their patients about any potential risks or complications that might arise from a certain procedure before performing surgery or putting the patient under anesthesia.
To bring a medical mishap case, the injured patient must file a lawsuit within a specific time period, known as the statute of limitations. A court is almost always able to dismiss a lawsuit filed after the statute of limitations has passed regardless of how grave the health care provider's mistake or how serious the harm to the patient was. Certain states have laws that require participants in a
medical malpractice lawsuit to participate in binding arbitration at a voluntary basis or submit their claims to a screening panel prior to going to trial.
Causation
Medical malpractice cases require a substantial amount of time and funds, both for physicians involved in the lawsuit and their lawyers. The process of proving the doctor's treatment was different from the accepted standard requires extensive review of medical records, appoints with witnesses, as well as an analysis of medical literature. Additionally lawsuits must be filed within a specified period of time stipulated by
law. Generally, this deadline - referred to as the statute of limitations, begins to run when the mistake in health care occurred or when a patient discovers (or ought to have realized in the eyes of the law) that they were injured by a mistake made by a doctor.
Causation is the fourth and most crucial aspect of a medical malpractice case. It is often the most difficult element to prove. A lawyer must show that the breach of the duty of care directly led to injury to the patient and the losses or injuries were not the case but due to the negligence of a physician. This is called actual or proximate causes and the legal standard for proving this element is different from the one required in criminal proceedings, where the proof must be beyond reasonable doubt.
If a lawyer can establish these three essential factors, then the victim of malpractice could be entitled to monetary compensation from the defendant. The purpose of these damages is to pay the victim for their injuries or loss of quality of life and other damages.
Damages
Medical malpractice cases can be complex and require expert testimony. The lawyer representing the plaintiff must prove that the doctor failed to comply with a standard of medical care, and that the negligence caused injuries, and that the injury caused damages. The plaintiff must also show that the injury was measurable in monetary terms.
Medical negligence lawsuits can be among the most complex and costly legal actions. To reduce the cost of lawsuits, states have enacted tort reforms aimed at enhancing efficiency in limiting frivolous claims, and making sure injured parties are compensated fairly. Some of these measures include limiting the amount plaintiffs can recover for pain and suffering as well as limiting the number defendants who may be responsible for paying an award (joint and multiple liability) as well as requiring arbitration, mediation or the submission of a claim to a panel for screening prior to trial; and setting limits on damages in medical malpractice lawsuits.
Additionally, many malpractice cases are based on highly technical issues that are difficult for juries and judges to comprehend. Experts are essential in these cases. For example, if a surgeon makes a mistake during a surgery, the patient's lawyer must hire an orthopedic expert to explain how the error could not have happened had the surgeon acted in accordance with relevant medical standards of care.