Understanding Medical Malpractice in Personal Injury Law

When we seek medical care, we place a significant amount of trust in healthcare professionals to provide us with the best possible treatment. Unfortunately, this trust is sometimes betrayed when medical professionals make errors that result in harm to the patient. Medical malpractice, a type of personal injury law, involves holding healthcare professionals accountable for mistakes made during diagnosis, treatment, or care, which lead to injury or death.

If you have been a victim of Medical Malpractice, call Barnes Cohen & Sullivan for a free consultation.

 What is Medical Malpractice?

Medical Malpractice occurs when a healthcare provider deviates from the standard of care expected in the medical community, resulting in harm to the patient. The standard of care refers to the level and type f care that a reasonably competent and skilled healthcare professional, with a similar background and in the same medical community, would provide under similar circumstances. In simpler terms, medical malpractice happens when a doctor, nurse or other healthcare professional makes a mistake that another reasonable professional would not have made, and that mistake causes injury or death to the patient.

Medical Malpractice can take many forms, including:

  • Misdiagnosis or delayed diagnosis: If a doctor fails to properly diagnose a condition, or they misdiagnose a disease or illness, the patient may receive improper treatment or no treatment at all.
  • Surgical errors: Mistakes made during surgery, such as performing the wrong procedure, operating on the wrong body part, or leaving foreign objects inside a patient’s body.
  • Medication errors: Prescribing the wrong medication, administering the wrong medicine or dosage, or failing to recognize dangerous drug interactions.
  • Birth Injuries: Mistakes made during labor and delivery that result in injury to the mother or baby, such as using improper delivery techniques or failing to monitor the baby’s vital signs.
  • Anesthesia errors: Mistakes made during the administration of anesthesia that cause brain damage, allergic reactions, or even death.

Any of these medical errors can result in severe consequences for patients, ranging from the prolonged illness and disability to death. According to the National Trial Law, approximately 15,000-19,000 lawsuits are filed each year in the United States claiming medical negligence.

 

Medical Malpractice & Personal Injury Law

Medical malpractice falls under the umbrella of personal injury law because it involves injury caused by negligence. Personal injury law is designed to hold parties responsible for causing harm to others, whether through car accidents, dog bites, or medical negligence. In a medical malpractice case, the injured patient seeks compensation for the damages they’ve suffered due to healthcare provider’s failure to meet the appropriate standard of care.

For a successful medical malpractice claim, the patient (plaintiff) must prove the following:

  1. A doctor-patient relationship existed. The patient must show that they were under the care of the healthcare provider when the injury occurred.
  2. The healthcare provider was negligent: The plaintiff must demonstrate that the healthcare provider did not adhere to the standard of care expected in the medical field. This could include misdiagnosing a condition, performing surgery incorrectly, or making an error in prescribing medication.
  3. The negligence caused harm: It’s not enough to show that a mistake was made. The plaintiff must also show that the mistake directly caused harm.
  4. The harm resulted in damages: Finally, the patient must prove they suffered measurable damages as a result of malpractice.

The Role of Expert Witness in Medical Malpractice Cases

Medical malpractice cases are complex and often require expert testimony to demonstrate that the healthcare provider acted negligently. According to the National Library of Medicine, “in professional negligence cases, such as medical malpractice lawsuits filed against physicians, the specific duty owed by the physician to the patient is defined by the profession itself. A member of the profession is needed to tell the judge and jury what the defending physician should have done or not done under the particular circumstances, and whether such conduct constituted negligence by violating the standards of care of the profession. Therefore, in medical malpractice litigation, expert witness testimony is nearly always necessary.”  Expert testimony is crucial because medical malpractice cases often involve specialized knowledge that the average juror may not have.

Proving Medical Malpractice

Proving a medical malpractice claim can be challenging. Healthcare professionals often defend themselves by asserting that they followed proper protocols or that the patient’s injury was an unavoidable complication. That is why it is important for patients to gather as much evidence as possible, including:

  • Medical records: These are vital to proving the injury and its connection to the healthcare provider’s actions. Detailed records will document the patient’s treatment, diagnosis, and any mistakes made during the course of care.
  • Second opinions: Seeking a second opinion from another healthcare provider can help corroborate your claims about the error and its impact on your health.
  • Witnesses: Any nurses, other doctors, or medical staff who were present during the treatment or procedure may provide a testimony that supports your case.
  • Expert testimony: Medical professionals will review your case and offer an opinion on whether the healthcare provider’s actions were negligent and how those actions resulted in harm.

What to Do If You Believe You’re a Victim of Medical Malpractice

If you believe you’ve been the victim of medical malpractice, it is essential to take immediate action to protect your rights. Call Barnes Cohen & Sullivan for a free consultation.

Be sure to:

  1. Seek immediate medical attention
  2. Document Everything
  3. Consult with a medical malpractice attorney
  4. Get a second opinion