What is Medical Malpractice?
In simple terms, medical malpractice is negligence on the part of a healthcare provider that produces an injury. When a health care provider or professional acts in a way that is not consistent with the accepted standards of medical practice or is negligent in a manner that results in some type of injury, including wrongful death, to the patient then they are said to have committed medical malpractice.
Essentials of Medical Malpractice
In a malpractice lawsuit, there are two parties, the plaintiff and the defendant. The plaintiff is the party filing the suit. This can either be the patient or a party acting on behalf of the patient. The defendant is the party against whom the suit is filed, the health care provider. A health care provider, while traditionally considered to be a physician, can also be a dentist, nurse, hospital, psychiatrist or therapist.
Establishing the Elements of a Medical Malpractice Case
The plaintiff has the burden of establishing all four elements of a medical malpractice case in order for it to be successful.
- A duty was owed. In other words, the health care provider or hospital has a legal duty when embark on a treatment plan or engage in care of a patient.
- Said duty was breached. This means that the health care provider or hospital failed to meet the legal duty that was owed to the patient. In short, the standard of care was compromised by the health care provider in some respect.
- The breach was the cause of an injury. When the duty that was owed was breached by the health care provider, an injury of some sort was the result.
- Damages - This is the heart of the claim, for if no damages are shown then there is not basis for the claim even if the health care provider did act in a negligent manner.
Case Histories
Following are some examples of true medical malpractice lawsuits where a jury would be likely to side with the plaintiff.
A patient who was undergoing surgery was given Halothane as the anesthetic. The patient had previously suffered from biliary tract disease. The use of this anesthesia is not supposed to be given to patients with this medical history. As a result of being given the anesthesia, the patient developed liver necrosis and subsequently died.
A baby was born with Rh incompatibility, a blood condition. The mother's antibodies that were passed to the baby were attacking and destroying the baby's blood. The attending physicians as well as the hospital personnel failed to identify the baby's condition.
A young man became ill and was taken to the emergency room. At the hospital, the attending physician diagnosed him as being inebriated. In truth, the patient had a fractured spine as well as a severed spinal cord. This resulted in his being permanently paraplegic.
A patient had pancreatitis and was at the hospital. She was transferred to another hospital without her consent. During this transfer, she sustained severe brain damage and lingered in a comatose state until her death several years later.
Any health care professional can be subject to a medical malpractice lawsuit. It is not only confined to doctors. In fact, nurses may be subject to a malpractice lawsuit even if they are following the doctor's orders. However, studies suggest that approximately 40% of medical malpractice claims are unfounded and do not contain the four elements required for a successful lawsuit.
