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Liability in Medical Malpractice Cases

Introduction

Medical malpractice is a type of negligence that occurs when a healthcare provider fails to provide the standard of care that a reasonably competent healthcare provider would have provided in the same or similar circumstances. This can result in harm to the patient, such as an injury, illness, or even death.

If you believe that you have been the victim of medical malpractice, you may be able to file a lawsuit against the healthcare provider who was responsible for your injuries. However, it is important to understand that medical malpractice cases are complex and can be difficult to win.

The Elements of Medical Malpractice

In order to prove medical malpractice, the plaintiff must establish four elements:

  1. The healthcare provider owed the patient a duty of care.

  2. The healthcare provider breached that duty of care.

  3. The breach of duty caused the patient's injuries.

  4. The patient suffered actual damages as a result of their injuries.

The Duty of Care

The duty of care is the obligation that healthcare providers owe to their patients to provide the standard of care. The standard of care is the level of care that a reasonably competent healthcare provider would have provided in the same or similar circumstances.

The standard of care is determined by looking at factors such as the healthcare provider's training, experience, and the resources that were available to them. It is also important to consider the patient's individual circumstances, such as their age, health, and any other relevant factors.

The Breach of Duty

A breach of duty occurs when a healthcare provider fails to meet the standard of care. This can happen in a number of ways, such as by:

  • Making a mistake in diagnosis or treatment

  • Failing to diagnose a condition

  • Failing to provide adequate care

  • Failing to obtain informed consent from the patient

Causation

In order to prove that the healthcare provider's breach of duty caused the patient's injuries, the plaintiff must show that the injuries would not have happened if the healthcare provider had not breached their duty of care.

This can be a difficult burden to prove, as there are often other factors that can contribute to a patient's injuries. For example, a patient may have a pre-existing condition that contributed to their injuries.

Damages

In order to recover damages in a medical malpractice lawsuit, the plaintiff must show that they have suffered actual damages. This can include:

  • Medical expenses

  • Lost wages

  • Pain and suffering

  • Emotional distress

Defenses to Medical Malpractice Claims

There are a number of defenses that healthcare providers can raise in response to a medical malpractice lawsuit. These defenses include:

  • Contributory negligence: The patient was partially at fault for their own injuries.

  • Comparative negligence: The patient was partially at fault for their own injuries, but the healthcare provider was also at fault.

  • Assumption of the risk: The patient knew about the risks of the treatment and agreed to proceed anyway.

Conclusion

Medical malpractice cases are complex and can be difficult to win. If you believe that you have been the victim of medical malpractice, call or email The Donaldson Law Firm PLLC. We can help you understand your legal rights and options and can represent you in court if you decide to file a lawsuit.

Stephen Donaldson