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Medical providers play a crucial role in your health and well-being, so expecting them to perform their duties with care and competence is natural. However, if they fall short and make errors, you can file a medical malpractice claim to seek accountability for any harm they cause. According to the American Medical Association, approximately one in three physicians (around 31-34%) will be sued for medical malpractice at some point in their career, meaning the statistical probability of a physician being sued for malpractice is roughly 33%. (2022 data). Furthermore, general surgeons and obstetricians/gynecologists (OB/GYN) are the physicians most likely to be sued. Please note that the term “medical malpractice” is a legal term and has no place in the medical record.
Medical malpractice occurs when a healthcare professional provides care that falls below the accepted standard expected in their field.
This can involve both actions and inactions. For instance, if a healthcare provider fails to take the necessary steps that a reasonably competent physician with similar training would have taken, they can be liable.
Similarly, if the care you receive is substandard compared to what a similarly trained professional would have provided under the same circumstances, it constitutes malpractice.
Any healthcare provider with a duty to deliver competent care can commit malpractice. This includes doctors, nurses, surgeons, anesthesiologists, radiologists, and others. Healthcare professionals can be held accountable for the consequences of their actions if they provide services without achieving the required skill level.
In this guide, we’ll briefly explore common medical errors that can lead to a claim and discover the types of compensation you might be entitled to if a doctor or healthcare provider fails to meet the standard of care.
Key Elements of a Medical Malpractice Claim
Understanding the key elements that need to be proven is crucial when pursuing a medical malpractice claim because the burden of proof lies on the plaintiff. These elements form the foundation of your case and are necessary to establish liability and secure compensation for any harm suffered.
Duty of Care
The first step in a medical malpractice claim is establishing that a legal duty of care exists between you and the healthcare provider. This duty arises when a professional relationship is formed, meaning that the doctor, nurse, or other healthcare professional was responsible for providing you with competent care.
The concept of duty is relatively straightforward; it’s automatically assumed when a provider agrees to treat you, setting the expectation that they will adhere to accepted medical standards.
Breach of Duty
Once duty is established, the next element is proving that the healthcare provider breached this duty by failing to meet the standard of care. The standard of care refers to the level of competence that a similarly trained professional would provide under similar circumstances.
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Breach of duty can occur through an action, such as performing surgery incorrectly, or through inaction, such as failing to diagnose a condition on time. Expert witness testimony often plays a critical role in demonstrating how the provider’s actions deviate from what is expected in the medical community.
Causation
After establishing a breach of duty, it must be shown that this breach directly caused harm or injury. This element, known as causation, requires a clear link between the provider’s negligence and the injury you sustained.
It’s not enough to show that a mistake was made; you must also demonstrate that it led to tangible harm. For example, if a misdiagnosis results in delayed treatment and worsens the patient’s condition, causation is established.
Damages
The final element of a medical malpractice claim is proving damages. Damages refer to the losses you’ve incurred due to the provider’s negligence. These can include economic damages, such as medical bills and lost wages, as well as noneconomic damages, like pain and suffering.
Without demonstrable damages, there is no basis for compensation, even if negligence occurred. The court will calculate these damages and in rare cases, may also consider punitive damages for especially egregious conduct.
Common Medical Malpractice Examples
Medical malpractice claims are complex and require careful consideration of the facts and expert testimony. If you believe you have experienced any of these forms of malpractice, it’s essential to consult with a qualified attorney to explore your legal options.
Misdiagnosis and Delayed Diagnosis
Misdiagnosis occurs when a doctor incorrectly identifies your medical condition, while delayed diagnosis involves a significant lag in identifying a disease or condition. Both scenarios can lead to improper treatment, worsening of the condition, or even death.
For instance, a failure to diagnose epidural hematomas was discovered to be one of the most common reasons for neurological malpractice suits.
Surgical Malpractice
Surgical errors are another common cause of medical malpractice claims. These errors can include operating on the wrong patient, performing surgery on the wrong body part, leaving surgical instruments inside the patient, or removing healthy organs.
Surgical malpractice can lead to severe complications, long-term disability, or death. Patients who suffer from these errors often have grounds to file a claim.
Incorrect Treatment
Healthcare providers are expected to offer treatments appropriate for the patient’s condition. When a doctor prescribes the wrong treatment or administers it incorrectly, it can lead to severe consequences.
Failure to Obtain Informed Consent
Failure to obtain informed consent, proceeding with the treatment, and causing harm means the patient is well within their rights to file a medical malpractice suit.
Before any medical procedure, healthcare providers must obtain informed consent from the patient. This means they must explain the procedure at length, with all its risks, and any alternatives, allowing the patient to make an informed decision.
Birth Injuries
Birth injuries can occur when healthcare providers fail to follow proper procedures during labor and delivery. These injuries can result in long-term disabilities for the child, such as cerebral palsy, or severe complications for the mother.
Emergency Room Negligence
Emergency rooms are fast-paced environments where quick decisions are crucial. However, errors in the ER, such as administering the wrong medication or failing to properly triage patients, can lead to severe harm.
While the standard of care in an ER may differ from other medical settings due to its chaotic nature, negligence that causes harm can still result in a malpractice claim.
Anesthesia Errors
Anesthesia errors can have catastrophic consequences, including oxygen deprivation, waking up during surgery, or severe allergic reactions. Anesthetists are responsible for administering the correct dosage and monitoring the patient throughout the procedure. Mistakes in this area can lead to long-term health issues or even death.
Wrongful Death
In the most severe cases, medical malpractice can result in the death of a patient. When a healthcare provider’s negligence causes a fatality, the victim’s family may file a wrongful death claim. These claims seek compensation for the loss of a loved one and the impact it has on the family.
Amputation Injuries
Unnecessary or wrongful amputation is another severe example of medical malpractice. This can happen due to misdiagnosis, surgical errors, or using non-sterile equipment, and the loss of a limb can have life-altering consequences.
How Can You Prove Medical Malpractice?
You can improve your chances of successfully proving medical malpractice and obtaining the compensation you deserve for the harm you’ve suffered by gathering evidence and expert consultations.
Gather Comprehensive Evidence
Substantial evidence is the backbone of any successful medical malpractice claim. Medical records are particularly important, as they document your treatment and can highlight where negligence occurred.
Additional evidence, such as witness statements and relevant medical literature, can support your claim. These pieces of evidence help build a compelling narrative demonstrating how the provider’s actions resulted in harm.
Consult with Medical Experts
Medical experts play a vital role in proving malpractice. They can review your case, provide an opinion on whether the care you received met the standard, and testify on your behalf. Their expertise helps clarify complex medical issues for the court and strengthens your claim.
Consider Legal Representation
Navigating a medical malpractice case is no small task, so hiring an experienced lawyer is crucial. A competent attorney can help gather evidence, consult with experts, and negotiate with the opposing party.
If a settlement cannot be reached, they will be prepared to take your case to trial, presenting a well-organized and persuasive argument to the judge and jury.
Negotiate or Go to Trial
Many medical malpractice cases are resolved through settlement negotiations. Your lawyer can negotiate with the defendant’s insurance company to secure a fair settlement. If a settlement isn’t possible, your lawyer will prepare your case for trial, where the evidence and expert testimony will be presented to prove your claim.
While medical malpractice can be complex, it is still navigable with the help of medical and legal experts, provided clear documentation and evidence can be presented.
