Medical Malpractice Lawsuits - An Overview

A medical malpractice claim is filed by the injured party or someone acting on behalf of the injured party (e.g., executor of an estate in the case of wrongful death) against a defendant. The defendant can be the health care provider (e.g., specific doctor) as well as where they work (e.g., hospital, medical practice, etc.).

A plaintiff must be able to show the following four elements:
• The defendant owed a legal duty of care to the plaintiff (generally if someone goes to a health care provider for treatment this is satisfied)
• The duty was breached (this means that they acted in a way that was counter to their duty of care, unsuccessful procedures do not necessarily mean there was a duty of care breached)
• The breach of duty caused an injury (if the injury existed prior to the treatment and there is no additional injury then this element is not satisfied)
• Damages (pecuniary and/or non-pecuniary) must be established

The plaintiff must be able to establish the above four elements in order to succeed in a claim against a defendant. It is important to note that if a medical professional is following standard procedures and the treatment does not work or even results in death it is not necessarily medical malpractice. It is only medical malpractice when it can be shown that the defendant breached a duty of care (acted negligently). Examples of this type of negligence include giving the wrong blood, prescribing the wrong medicines, and performing the wrong procedure.

Only an experienced attorney apprised of all the facts of your case can determine if the four required elements can be met. It is important when discussing a case with an attorney that you provide as much information as possible including medical records. Damages awarded can include pain and suffering, loss of income, and compensatory and punitive damages.

If you are facing complex legal issues, the advice of medical malpractice attorneys, personal injury attorneys, or wrongful death attorneys is critical. An experienced lawyer can evaluate your case and help you determine the best way to proceed with legal action.