Understanding Medical Malpractice and How the Law Handles It

Healthcare is among the most significant services in any community, and doctors, nurses, and other healthcare professionals are expected to adhere to high ethical standards, be competent and responsible.

Nevertheless, even with the best of aims, errors in medicine are inevitable and take place.

If these errors lead to the injury of the patient and the doctor’s negligence is the cause, then this may constitute medical malpractice.

Hi. In today’s blog, I will try to explain the nature of medical negligence and he way the legal system deals with it.

Additionally, I will also talk about what patients should be aware of their rights and possible remedies.

So, if these are some of the thing sthat you want to know, you have come to the right place. Therefore keep on reading this blog till the end and thank me later…

What Is Medical Malpractice?

Medical malpractice is a case when a healthcare provider – a doctor, a nurse, or a hospital – that has not fulfilled the accepted standard of care in the medical community, and that failure has caused the patient to be injured or harmed.

In order for a case to be considered a legal malpractice, it has to meet several requirements:

• Existence of a doctor-patient relationship: The patient has to provide evidence that they hired the doctor and that the doctor accepted the job.
• The provider was negligent: It is not enough that the patient felt bad about the care. They have to prove that the provider was negligent in diagnosis, treatment, or aftercare.
• Negligence caused the injury: It has to be proven that the provider’s negligence was a direct cause of the injury.
• The injury led to specific damages: physical pain and/or mental anguish, or the fact that more medical bills have been incurred; also, lost work and the inability to earn may be included in the list.

Examples of Medical Malpractice

Medical malpractice is the act of professional negligence by a healthcare provider that leads to the patient being harmed. Some of the examples include:

• Misdiagnosis or delayed diagnosis: A condition is diagnosed incorrectly or too late, leading to harm. In such cases, patients may seek legal guidance from a Failure to Diagnose Lawyer in Connecticut. They specializes in holding healthcare providers accountable for diagnostic errors that result in significant injury.
• Surgical errors: Executing an incorrect procedure, applying the operation to the wrong body part, or leaving the surgical tools inside the patient.
• Medication errors: Giving the incorrect drug or dose.
• Childbirth injuries: Incorrect techniques or neglect resulting in delivery injury to the mother or baby.
• Failure to treat: Improper follow-up or discharging a patient too early.

Legal Standards and Burden of Proof

In medical malpractice cases, the burden of proof rests with the plaintiff (the patient or their representative).

They have to prove that the healthcare provider’s conduct was negligent. And what does that mean? It means the level of care that a similarly trained provider would have demonstrated in a similar situation.

Legal standards are different in various jurisdictions. And courts generally get an expert’s opinion to decide what the standard of care was and in what way the provider changed it.

Thus, if after no doubt has been established that a doctor failed to diagnose a blood clot which led the patient to suffer a stroke, another doctor in the same specialty might testify a reasonable physician would have done in the same situation.

What Is The Legal Process Of Filing A Malpractice Claim

Filing a medical malpractice claim usually means following a procedure and meeting some time limits, as well.

1. Statute of Limitations

In fact, depending on the location, there are statutes regulating how long a person has to file a lawsuit for a certain issue.

Usually this period lasts from 1 to 3 years after the injury happened or was discovered. Generally, losing the chance to sue is the consequence of ignoring such a period.

2. Notice Requirements

Most of the time, the law gives clearly stated procedures that require informing the opposite party about the start of the process in a certain way before actually filing a lawsuit.

3. Affidavit of Merit

There are places that require a person who brings a lawsuit to provide a statement given by a professional who confirms that the case is not false.

4. Discovery Phase

At this point, the parties are collecting and exchanging evidence to support their claims and defenses.

The discovery process may also include accessing and examining medical records, interviewing medical professionals, and consulting with expert witnesses.

5. Trial or Settlement

It is often the case that most of the times, legal disputes concerning malpractice are solved by means of negotiation, rather than going to court.

If no agreement is reached, the case will be tried in court before a judge or jury who will decide on whether the defendant is liable and on the amount of compensation the plaintiff is entitled to.

Damages in Malpractice Cases

If it is proven that the malpractice is the cause, the plaintiff might be given compensatory damages which are to be used for:

• Medical expenses: Besides that, it is also considered that the past and future costs are necessary for the injury.
• Lost wages: Payment for the time that the employee was not at work or permanent loss of income.
• Pain and suffering: Such cases include physical pain, emotional distress, and the lowered quality of life.

In some other cases, the plaintiff can also get a punitive damages suit. But not all the time. This only happens if the case is especially outrageous or if the defendant is proven to be reckless.

Nevertheless, in many jurisdictions, the amount of non-economic damages that can be awarded is still limited (like pain and suffering) to the plaintiff, which can be the result of the reduction in the amount of the case.

The Role of Medical Malpractice Insurance

The majority of health care professionals have medical malpractice insurance, which is for legal defense and any losses.

Essentially, it serves two functions: protection of the providers from financial loss and provision of the patients’ compensation in case of injury.

Also, if the provider is a member of a hospital or a medical group, the institution may be held vicariously liable for the actions of its employees.

Challenges in Medical Malpractice Cases

Medical malpractice cases are notoriously complex and difficult to win. They require:

• Thorough understanding of both law and medicine
• Skilled legal counsel
• Access to expert witnesses
• Significant documentation and record analysis

Moreover, juries may be reluctant to find against respected medical professionals unless the negligence is clear and the harm is severe.

Medical Malpractice Around the Globe

Various nations in the world have different means of addressing medical malpractice. In the US, the law of each state regulates malpractice, and the system is adversarial and heavy in litigation.

On the other hand, Scandinavian nations have a no-fault scheme. Hence, the patients can get compensated without having to prove that the doctor was at fault.

The UK works with the National Health Service (NHS). The claims are directed at the NHS, not at individual doctors.

In some countries, there are medical review boards or mediation processes for the settlement of disputes without the involvement of the court.

Read More:

• Should I Get An Attorney After A Car Accident?
• 5 Qualities to Look for in a Car Accident Lawyer
• Truck Accident Attorneys and How They Can SAVE Your Case!