Medical Malpractice Law

Medical mistakes can occur even with the best education or a sworn oath of not causing harm to others. When they do, the consequences can be devastating for patients.

Malpractice law is an area of tort law which deals specifically with professional negligence. A malpractice lawsuit must meet four fundamental requirements:

Malpractice claims in the United States are typically filed in state trial courts. To collect evidence, a variety of legal tools are utilized and include depositions conducted under oath.

Duty of care

A doctor is bound by an obligation of care when there is a patient-doctor relationship. This is the case whether the doctor is treating you in a hospital or in your home. However, there are certain circumstances when doctors may be at risk of malpractice even without the existence of a patient-doctor relationship.

Anyone who is under a duty to care must behave in a manner that an ordinary person would in the same situation. For instance, a driver is obliged to be careful when driving and to not cause injuries to others on the road. If the driver is not able to meet this duty and causes an injury, the driver could be held accountable for any injuries that occur as a result.

Doctors are responsible for the health of their patients at all times. This is even when a doctor is not your doctor, such as when asking an expert to provide advice in an elevator or an eatery. Good Samaritan laws often limit the obligation to be a good Samaritan.

Medical professionals are also required to take care to inform their patients about the risks involved in certain procedures and treatments. Inaction to warn patients is a breach of a medical professional's duty. Doctors may also violate their obligation if they prescribe you a medication that interacts other medications you're taking.

Breach of duty

In general, doctors have a duty to their patients to provide treatment that is in accordance with accepted standards of practice. This standard is established by the laws of today and by standards established by medical associations. If a physician fails to meet this obligation they are committing negligence. A malpractice lawyer will investigate the evidence and determine if there was a breach of the standard of care.

A doctor could violate their duty of care in a variety of ways. It's not just about if doctors did something that reasonable people would not do in the same circumstance; it also includes things they ought to have done or did not do. Expert witness testimony is often required to determine the accepted standards of medical practice.

A doctor may have violated their duty if they prescribe an unintentionally dangerous medication with another medication. This is a frequent error that could have serious health consequences.

It is not enough to show that malpractice occurred. To be awarded damages, you must show a direct link between the doctor's breach of duty and your injury or illness. This is called causation. In some instances it may be difficult to establish a causal link. A knowledgeable malpractice attorney will work hard to find the evidence necessary to prove the connection.

Causation

A malpractice claim is valid only if the plaintiff can show that the defendant's negligence led to the injuries and losses. Expert testimony is required to establish medical negligence. This requires establishing 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 a person's injury must be directly related to the act or omission which was in violation of the standard of care. This is called causality or proximate cause.

It is important to demonstrate that the negligence of your attorney has had a significant negative impact for you when you are proving that the attorney committed legal negligence. A lawsuit can be expensive, so you have to be able prove that your losses are more than the costs of the litigation. The plaintiff has to also prove that the negligence caused tangible and quantifiable damages.

Most malpractice cases are subject to an investigation process that involves oral depositions. Your lawyer will represent your interests at these depositions. They will ask questions to defense experts to challenge their conclusions, and to show that the evidence supports the assertions. It is imperative to have a seasoned medical malpractice attorney on your side as the process of establishing the four elements of malpractice, including breach, duty the duty, causation and injury is complicated and time-consuming. Your lawyer will be aware of each step in the process and will assist you satisfy all requirements. The more steps you take the greater chances you are of winning your claim.

Damages

The amount of compensation that a patient will receive in a case of medical malpractice will depend on the severity their injuries, as well as how much money they'll need to pay medical bills loss of income, any other financial loss. In some instances the plaintiff could also be awarded punitive damages as a way to punish the doctor for their actions. These are rare, as doctors must have acted recklessly or intent to receive punitive damages.

The law requires that anyone alleging medical malpractice prove four elements or legal requirements: (1) there was a duty of care on the part of the physician; (2) the doctor breached the duty of care by straying from the prevailing standards of practice; (3) as a result of the doctor's breach the victim was injured; and (4) the damage is measurable in terms of the amount of money. Additionally the injured party must file a lawsuit within the time limit that varies from state to state.

The law recognizes the fact that medical malpractice lawsuits are complex and costly to resolve, especially when they involve complex issues such as proximate cause or foreseeability. Its purpose is to offer victims the redress they deserve without allowing opportunistic or frivolous lawsuits to clog the courts. It also aims at reducing costs by making sure that all defendants share the responsibility for a claim's success (joint and several responsibility); limiting the total amount that a plaintiff can be awarded if other defendants aren't able to provide funds to pay ("damage caps"); and preventing doctors from practicing defensive medicine, which includes changing their treatment plans due to the threat of malpractice lawsuits.