Medical malpractice is a serious legal claim involving situations where a healthcare provider’s negligence results in injury or harm to a patient. Proving this type of claim can be challenging, requiring specific evidence and expert testimony as a maritime accident lawyer knows all too well. In this blog post, you’ll learn what medical malpractice is, common types of malpractice, and the essential steps for proving a claim.
This blog post is for educational purposes only and is not a substitute for legal advice. If you believe you are a victim of medical malpractice, consult a qualified medical malpractice attorney to review your case.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or surgeon, fails to provide an acceptable standard of care, leading to injury or harm to a patient. According to our friends at Herschensohn Law Firm, PLLC, malpractice can happen in various ways and may include:
- Delayed Diagnosis: When a condition is not diagnosed in a timely manner, leading to worsened health outcomes. For instance, if a doctor fails to identify a cancer diagnosis until it has significantly advanced, the patient’s chances of recovery may be diminished.
- Misdiagnosis: This occurs when a patient is incorrectly diagnosed, leading to inappropriate or harmful treatments. For example, diagnosing a heart attack as acid reflux can have life-threatening consequences.
- Failure To Obtain Informed Consent: Healthcare providers are required to explain the risks, benefits, and alternatives of a treatment or procedure. If they fail to do so, and the patient suffers harm, this could be considered malpractice.
- Inappropriate Treatment: Prescribing or administering incorrect medications or treatments can lead to serious side effects or worsened health conditions.
- Surgical Malpractice: Errors in surgery, such as operating on the wrong body part, leaving surgical instruments inside a patient, or anesthesia mistakes, can lead to severe or life-threatening complications.
- Birth Injuries: Obstetric errors, such as failing to perform a timely C-section, can lead to long-term or permanent injuries for both mother and child.
- Wrongful Death: In severe cases, a healthcare provider’s negligence may lead to the patient’s death, resulting in a wrongful death claim.
These claims are complex and require substantial proof to establish fault. If a medical malpractice claim is successful, the patient may be awarded compensation for various damages, such as:
- Current and future medical expenses
- Pain and suffering
- Reduced quality of life
- Lost wages or time off work
- Loss of future earnings
- Loss of enjoyment of life
- Emotional distress
How Is Medical Malpractice Proven?
To prove medical malpractice, the claimant must satisfy several legal elements. The three key elements include establishing the standard of care, demonstrating a breach of that standard, and linking that breach directly to the injury. Below are the main steps for proving a medical malpractice claim:
1. The Standard Of Care Was Not Met
To prove that malpractice occurred, you must first demonstrate that the healthcare provider’s actions fell below the accepted standard of care. The “standard of care” refers to what a reasonably competent healthcare professional would do under similar circumstances. For example, in a situation where an emergency C-section is clearly indicated, a reasonably competent obstetrician would perform the procedure to prevent potential harm to the baby or mother.
You’ll need an expert medical witness — usually a doctor in the same field — to testify regarding the standard of care and how it was breached. This expert will review the specifics of the case and confirm whether the healthcare provider’s actions were inconsistent with what other competent providers would have done.
2. The Breach Led To An Injury
It’s not enough to prove that a healthcare provider acted negligently; you must also demonstrate that their negligence directly caused an injury. In medical malpractice cases, causation can be complex. For example, if a C-section wasn’t performed in a timely manner, and the baby suffered from a lack of oxygen to the brain, this could lead to a brain injury. In this case, you would need to show that the delayed C-section caused the baby’s injury and that another healthcare provider would have acted differently.
Medical records, expert testimony, and documentation of the patient’s health condition before and after the incident are essential in proving that the injury was directly related to the provider’s actions or inactions.
3. The Injury Caused Significant Damages
Finally, to have a valid malpractice claim, the injury must have led to significant harm. If the patient did not experience any adverse effects, there is no basis for a malpractice claim. In other words, you must show that the injury caused a substantial impact on the patient’s life, health, or finances.
Going back to our example, if the baby suffered a brain injury due to lack of oxygen, the resulting condition may lead to partial or total disability, necessitating lifelong care. Such injuries often result in extensive medical expenses, loss of earning capacity, and diminished quality of life. Evidence of these damages, including medical bills, rehabilitation costs, and projections of future care, can help establish the extent of harm suffered due to the malpractice.
Proving medical malpractice requires demonstrating that a healthcare provider’s negligence directly caused substantial harm. This process involves proving that the standard of care was breached, that this breach caused an injury, and that the injury led to significant damages. Given the complexity of these cases, working with a medical malpractice attorney can provide valuable guidance and support.
Medical malpractice claims can help victims secure the compensation they need to address the physical, emotional, and financial impacts of their injury. If you suspect you are a victim of malpractice, consult a qualified attorney to understand your rights and options.
