13 Things You Should Know About Medical Malpractice Lawsuit That You Might Not Have Known

Making Medical Malpractice Legal

Medical malpractice is a complicated legal field. Physicians must take steps to safeguard themselves from legal liability by purchasing a sufficient medical malpractice insurance.

Patients must prove that the physician's breach of duty has caused them harm. Damages are dependent on economic losses, such as lost income, future medical expenses, and noneconomic losses, like pain and discomfort.

Duty of care

The first thing a medical malpractice attorney needs to establish in the case is the duty of care. All healthcare professionals are accountable towards their patients to act in accordance with the standard of care that is applicable in their field. This includes doctors and nurses as well as other medical professionals. It also includes assistants as well as interns and medical students under the direction of an attending doctor or physician.

A medical expert witness decides the standard of medical care in court. They scrutinize the medical records and compare them to what a competent physician in the same field would have done under similar circumstances.

If the healthcare professional's actions or the lack thereof fell below this standard, they breached their duty of care and caused harm. The patient who was injured then has to prove that the breach of duty by the healthcare professional directly caused their loss. This can include scarring, discomfort, and other injuries. They also can include financial losses like medical expenses and lost wages.

If a surgeon has left an instrument used for surgery inside the patient after surgery, this could cause pain or other issues, which could result in damage. A medical malpractice attorney can demonstrate through the testimony of an expert medical doctor that the surgical team's negligence led to these damage. This is called direct causation. The patient must also show evidence of their injuries.

Breach of duty

If a medical professional departs from the accepted standard of care and this deviation causes an injury to the patient then a malpractice lawsuit can be filed. The person who was injured must prove that the doctor violated their duty of care by offering substandard treatment. The doctor was negligently and caused the patient to suffer injury.

To prove that a doctor did not meet his duty of care, an experienced attorney must present an expert witness testimony to establish that defendant did not have or exercise the level of expertise and understanding that physicians in their specialty hold. Additionally, the plaintiff has to establish a direct causal connection between the alleged negligence and the injuries suffered which is referred to as causation.

A person who has been injured must prove that he or she would not have opted for an alternative treatment if informed. This is also known as the principle of informed consent. Physicians must inform patients about possible complications or risks associated with the procedure prior to performing surgery or place the patient under anesthesia.

To bring a medical mishap case, the patient must submit a lawsuit within a certain time frame that is known as the statute of limitations. A court will typically dismiss a case filed after the deadline has passed, no matter how egregious the error made by the healthcare provider or Medical malpractice Attorney how harmed the patient was. Certain states require that the parties to a medical malpractice lawsuit submit their claims to an independent screening panel or to voluntary binding arbitration in lieu of the trial.

Causation

Medical malpractice claims require significant investment of time and money, both for the doctors involved in the litigation and their lawyers. The process of proving that a doctor's treatment departed from the accepted standard requires extensive review of medical records, appoints with witnesses, as well as an analysis of medical literature. The law requires that lawsuits be filed within the time limit stipulated by the court. Generally, this deadline--called the statute of limitations--begins to expire when the health care treatment error occurred or the patient realised (or should have known under the terms of the law) that they were injured because of a medical error.

Proving causation is one the four main elements of medical malpractice claims and arguably the most difficult to prove. A lawyer must show that a doctor's breach of the duty of care directly caused harm to the patient and the injuries or losses could not have occurred except because of the negligence of the physician. This is referred to as proximate or actual cause. The legal threshold to prove this element differs from that required in criminal cases, where proof must be beyond reasonable doubt.

If a lawyer can prove these three key factors, then the victim of malpractice may be entitled to financial compensation from the defendant. These monetary damages are intended to pay the victim for their injuries or loss of quality of life and other damages.

Damages

Medical malpractice cases are often complex and require extensive expert testimony. The lawyer representing the plaintiff must demonstrate that a physician failed to follow the standards of medical treatment, that this failure caused injuries and that the injury was caused by damages. The plaintiff must also show that the injury was measurable in monetary terms.

Medical negligence cases are among the most complicated and expensive legal proceedings to bring. To lower the expense of lawsuits, states have enacted tort reforms aimed at enhancing efficiency, limiting frivolous claims and paying injured parties fairly. Some of these measures include limiting the amount that plaintiffs can claim for suffering and pain and limiting the number of defendants who could be held accountable for the payment of an award (joint and several liability) or having arbitration, mediation or the submission of an action to a panel of judges for a screening prior to trial; and setting limits on damages in medical malpractice lawsuits.

Many malpractice claims also have technical aspects, which are difficult for juries and judges. Experts are vital in these cases. If the surgeon commits an error during surgery, the lawyer of the patient needs to engage an orthopedic surgeon to explain why the error would not have happened if the surgeon had acted according to the relevant medical standards.