Proving Fault in Medical Malpractice Cases

A medical malpractice lawsuit can be a draining process for the victim, even with the help of a qualified medical malpractice attorney. Medical malpractice cases can be time consuming and expensive. Because of this, it is important to make sure that the medical malpractice case is strong and that there is a good chance for recovery of damages.

It can be difficult to determine the validity of a medical malpractice lawsuit without the aid of a medical malpractice attorney, but generally small claims malpractice cases (where the money expected to be recovered is significantly less than the amount spent during the lawsuit) are not justifiable to the client or medical malpractice attorney.

Medical Malpractice Liability

In the past, only physicians could be held liable for medical malpractice cases - the law treated physicians as independent contractors regardless of whether they were on the staff of a hospital. Now, however, the courts consider the relationship between physicians, hospitals, and HMOs as an employer/employee situation in which the hospital or HMO has some control over the physician's actions. If a hospital or HMO limits the actions of a doctor and a patient is injured as a result, the hospital or HMO can be held liable in a medical malpractice lawsuit.

Elements of a Medical Malpractice Lawsuit

Duty to the Patient

There are several key elements to medical malpractice cases. The first element for the medical malpractice attorney to determine is whether the physician had a "duty to the patient." In other words, did the doctor agree to treat the patient? If the doctor did agree, then a certain degree of competence and skill is expected. In addition, there are instances where the physician may have a duty to persons other than the patient. For example, a patient may suffer an epileptic seizure that leads to an auto accident. The physician may be held liable for the injuries of other parties in a medical malpractice lawsuit because he or she failed to diagnose the patient's condition.

Expert Testimony

The second element of a medical malpractice lawsuit requires the presentation of expert testimony that defines what the acceptable standard of care is and explains how the physician did not administer the proper care.

Causation

The third element of medical malpractice cases is known as causation; the medical malpractice attorney or victim must prove that the physician's actions caused harm to the patient. This can be determined by asking if the patient would have been harmed in the absence of the doctor's actions. For example, would a surgical patient have been harmed if the surgeon had not left a medical instrument in the patient's body? If the answer is no, then the surgeon's actions caused harm to the patient, and thus fit the requirements for causation.

Physician Medical Malpractice Records

In the past, physician medical malpractice records were not made available to the public. Only state medical boards, hospitals, and other credentialing organizations were allowed to view them. However, in the face of public demand, some states are enacting legislation that allows patients to discover whether or not their physician has been the subject of a medical malpractice lawsuit. These records can be made available through each state's board of medicine, insurance claims records, and the National Practitioners Data Bank.

Speak to a Medical Malpractice Attorney

If you or a loved one is a victim of medical malpractice, consult a lawyer as soon as possible. A medical malpractice attorney can help litigate your claim and increase your chance of obtaining a favorable recovery.