Medical Malpractice Liability

Many people have encountered health care horror stories. Someone who had surgery discovered that a surgical tool was mistakenly left inside them, while others have been diagnosed with an illness they didn’t actually have.

If you have had a similar experience, you might have a medical malpractice claim against a doctor, nurse, hospital, or care facility.

FindLaw’s Medical Malpractice Liability section offers information on:

• The first steps to take when pursuing a medical malpractice case
• State medical malpractice laws
• Proving fault in a medical malpractice case
• Possible defenses to a medical malpractice claim

If a medical procedure or a doctor’s visit led to your personal injury, you are in the right place. Learn the basics of medical malpractice and find an attorney near you who can help.

When Is a Medical Professional Liable for Malpractice?

The following examples are scenarios that may qualify as medical negligence:

• Misdiagnosis
• Improper treatment of a patient that causes a personal injury
• Errors of omission, such as failing to follow proper procedure
• Treating a patient without the patient’s consent
• Wrongful death

If a doctor causes injured patients harm, the patients may have a valid claim for medical bills and non-economic damages such as pain and suffering. Sometimes, if a doctor’s mistake is extremely outrageous, you may be able to recover punitive damages.

Grounds for a Medical Malpractice Claim

Even though healthcare providers try to exercise the highest standard of care, mistakes sometimes happen that cause injury. If this happens to you, you may want to consider bringing a malpractice claim against the provider.

The basic elements of medical malpractice include:

• The defendant owed a duty of care toward the plaintiff (a doctor-patient relationship).
• The medical provider breached their duty and failed to meet the standards.
• The provider’s failure caused an injury to the plaintiff, including worsening an existing condition.
• The plaintiff suffered losses from the resulting injury.

To figure out how strong your cause of action is, hire an experienced attorney. Knowing these defenses and discussing your case with an attorney will help determine the strength of your medical malpractice case.

How To Begin a Medical Malpractice Case

It can be overwhelming to deal with poor medical treatment from a healthcare provider. Here are some basic steps you can follow to pursue a medical malpractice claim:

• Find out the time limit, known as the statute of limitations, to file a medical malpractice claim
• Before filing a claim, contact the medical professional to understand what might have gone wrong and allow the doctor to determine if your issue can be fixed
• If contacting the medical professional doesn’t help your situation, you can contact the relevant licensing board, which can issue a warning or discipline to the medical professional
• Find out if you need to get a certificate of merit to determine that the injuries or harm you suffered were the result of negligence by the health care professional

Medical malpractice lawsuits can be stressful and complex, so contacting a medical malpractice attorney can be very helpful.

A medical malpractice lawyer can help you figure out if you have a strong case and help you with the necessary steps toward recovery. You might feel hesitant to file a claim against a doctor you otherwise like, but doctors have liability insurance for this exact situation.

An attorney can also help you determine if it is better to accept a settlement, go to court, or enter into arbitration, which is an out-of-court way to resolve a dispute. Whether or not to accept a settlement is solely your decision.

Liability of an Individual Provider vs. the Medical Facility

You’ll need to understand a few basic facts about how liability works when a medical error causes an injury. These details can affect who you can sue and how to file a lawsuit. Medical malpractice cases are complex, so work with a lawyer to prepare for your case.

Professional Liability and Medical Malpractice Insurance

In many cases of medical malpractice, a patient can sue their doctor directly. Yet, the legal team defending against the claim could belong to the doctor’s insurance company.

Many doctors and other medical providers must carry an insurance policy. Malpractice insurance policies protect them against personal liability for injuries. Professional liability insurance helps guarantee that enough money will be available for claims.

Serious medical mistakes can lead to expensive losses for the injured patient. Patients won’t have to rely on the doctor’s own savings to cover their damages. They can collect compensation out of the medical professional’s malpractice coverage instead.

Federal law doesn’t require this insurance coverage to practice medicine, but many state laws do. Health care employers often require their staff to carry insurance, too. Your lawyer can explain more about how to navigate a lawsuit involving an insurance company.

Hospital, Clinic, and Nursing Home Liability

In other cases, the medical facility itself may be liable for injury claims. Instead of suing the specific medical worker, you may sue the hospital or medical center.

The facility may be liable if the medical provider who was negligent is an employee of the facility. This legal concept is known as vicarious liability. The facility isn’t liable for the actions of independent contractors, even if they work in the same facility. For example, your anesthesiologist may be an employee of the hospital, but your surgeon may only be contracted.

Most health care facilities also have insurance carriers and legal teams to defend against claims. Whether you sue a doctor or a medical company, it’s important to have your own legal counsel.

Defenses to Medical Malpractice Cases

If you decide to file a medical malpractice claim, it is important to know some of the defenses that the medical professional may use. A successful defense will negate the provider’s liability for your injury. You and your attorney can prepare to counter the potential defense arguments to protect your claim.

Medical malpractice is a type of negligence. This means that any defense available to a general negligence claim is also available in a malpractice claim.

The most common way to defend against a medical malpractice claim is to argue that the patient cannot establish the required elements of negligence. These elements are duty, breach, causation, and damages. For example, a doctor can argue that they did not breach their duty of care because their treatment was in line with the standards in the medical community.

Another defense that a medical professional can assert is contributory negligence. The doctor may argue that the injury or harm would not have occurred if the patient had not acted negligently. If a doctor can prove that, then they may have a valid defense to a medical malpractice claim. Examples of a patient’s negligent acts are if the patient goes against the doctor’s orders or fails to disclose key elements of their medical history.

Get a Lawyer’s Help To Hold a Medical Provider Accountable

If you decide to sue a medical professional, an attorney can help you understand your legal options.

If you think you have a medical malpractice action, contact a medical malpractice attorney near you.