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:
The healthcare provider owed the patient a duty of care.
The healthcare provider breached that duty of care.
The breach of duty caused the patient's injuries.
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.