Medical Malpractice Law
Even with the most thorough training and a pledge to not cause harm, medical mistakes could happen. When they do, the results can be devastating for patients.
Malpractice law is a branch of tort law that addresses professional negligence. A malpractice case must meet four basic requirements:
Malpractice claims in the United States are typically filed in state trial courts. A variety of legal tools, such as depositions under oath, are used to gather information to support the case.
Duty of care
A doctor owes you a duty of care when you are in a relationship with a doctor. This is regardless of whether the doctor is treating you in a hospital or in your home. However, there are instances where doctors are liable for malpractice even without the existence of a doctor-patient relationship.
A person who has the duty of care must act in a manner that a reasonable person would do under the circumstances. A driver, for instance has a duty to care to drive safely and not cause harm to other road users. If the driver fails to uphold this duty and causes an accident, he or she is liable for any injury that results.
Doctors are obliged to taking care of their patients at all times. This includes when doctors are not your doctor, like when you seek a doctor's advice in an elevator or outside of an establishment. However, the obligation to be a good Samaritan is usually limited by Good Samaritan laws.
Medical professionals are also bound by a duty of care to inform their patients of the dangers of 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 that is known to interact with other medications you are taking.
Breach of duty
Generally, doctors owe patients the obligation of providing medical care that conforms to the standards of practice that are accepted. This standard is governed by the laws of today and by standards developed by medical associations. When a doctor violates this duty, they are acting negligently. A malpractice lawyer will review the evidence and determine whether there was a violation of the standard of care.
A doctor can violate their duty of care in a number of ways. It is not just about what they did that a reasonable person wouldn't do in the same circumstance; it also includes what they could have done and didn't do. Expert witness testimony is often required to determine the accepted standard of medical practice.
A doctor may have violated their obligation if they prescribe a medication that interacts dangerously with another drug. This is a common mistake that can have serious consequences for your health.
However, merely showing that an error in duty was committed is not enough to establish malpractice. You must prove a direct connection between the negligence of the doctor and your injuries or sickness in order to claim damages. This is referred to as causation. It can be a difficult connection to make in certain instances, but a skilled
malpractice law firms lawyer will work hard to find the evidence to establish this link.
Causation
A malpractice case is only valid validity if the plaintiff can demonstrate that the defendant's negligence caused the injuries and losses. Expert testimony is required to prove medical negligence. This requires proving that there was a relationship between the patient and the provider and that the medical professional did not meet the accepted standard. It is important that the person's injury be directly connected to the incident or omission that breached the standard of care. This is known as causality or the proximate cause.
When proving legal
malpractice in court, you must demonstrate that the lawyer's negligence had significant negative ramifications for you. A lawsuit can be costly therefore you must be able prove that your losses exceed the cost of litigation. The plaintiff has to also prove that negligence caused real and tangible damage.
Most malpractice cases go through discovery that includes oral depositions. Your lawyer will represent you at these depositions and ask questions of the defense experts to challenge their conclusions and to show that the evidence supports your assertions. It is essential to have a seasoned medical malpractice attorney on your side because the process of establishing the four elements of
malpractice, which include duty, breach, causation and harm, is complicated and time-consuming. Your lawyer will guide you through each step of the procedure. The more steps you complete, the greater your chances of winning.
Damages
The amount of money a person receives in a medical malpractice case is contingent upon the severity of their injury and the amount they require to cover medical bills as well as loss of income or other financial losses. In certain cases the court may award punitive damages given to the plaintiff as a punishment for the malpractice of the doctor. These are extremely rare, as doctors must have acted with recklessness or with the intention of receiving punitive damages.
The law requires that anyone alleging medical malpractice prove four elements or legal requirements: (1) there was an obligation of care on the part of the doctor; (2) the doctor breached this duty by deviating from the accepted standards of practice; (3) as a consequence of the doctor's negligence, the victim suffered injury; and (4) the injury can be quantified in terms of an amount in dollars. The person who suffered the injury must present a lawsuit within the statute of limitations in effect that varies from state to state.
The law recognizes that some medical malpractice claims can be costly and complicated to resolve, especially when they are based on complicated issues such as proximate cause or the possibility of foreseeability. Its purpose is to ensure that victims receive the redress that they are entitled to, without allowing unjustified and opportunistic lawsuits cause delays in the courts. It also aims at reducing costs by making sure that all defendants share responsibility for a claim's success (joint and multiple liability) as well as limiting the maximum amount a plaintiff could be awarded if other defendants aren't able to provide funds to pay ("damage caps) and prohibiting doctors from practicing defensive medicine, which entails changing their treatment plans due to the threat of malpractice lawsuits.