The human body is incredibly complex. Each person is made up of between 20 to 100 trillion cells, each with a specific function. The responsibility for making sure they're functioning well and treating them when they're not falls to physicians, who undergo in-depth and grueling training to be trusted with our health.
There are times when medical knowledge and treatment can come up short in providing relief or improving a patient's condition. In many cases it's something that can't be helped, but sometimes an injury can be due to an error by a medical professional or facility. How can you know when something happened that definitely shouldn't have?
Negligence Is the Deciding Factor
Suffering an injury or encountering complications while under the care of a medical professional doesn't always mean medical malpractice occurred. The complexity of our bodies and the innumerable ways they can suffer harm is not enough to claim that a physician was at fault.
Medical malpractice laws are focused on medical negligence. A patient's claim of medical malpractice is only justified if the physician or facility was negligent in their care in some way. Negligence occurs when the medical professional or facility fails to meet the duty of care expected from them. They aren't responsible for the things they can't control.
For example, chemotherapy is a common and accepted form of treatment for certain types of cancer. The side effects from the treatment, such as low blood cell counts, nausea, fatigue, and hair loss, aren't causes for action as long as you were made aware of the possibility before agreeing to treatment.
Proving medical malpractice is often very challenging. It's up to the patient to show:
- The medical professional or facility owed a duty of care to the patient
- The proper standard of care for the situation
- How the medical professional or facility failed in their duty of care (breach of duty)
- How the breach of duty by the medical professional or facility caused the patient's injury
- The resulting personal injury to the patient
Patients often rely on expert witnesses to provide testimony that supports their claim. These witnesses are usually medical professionals themselves who can illustrate how a doctor or facility was negligent in their care.
Reasons You Might Have a Strong Medical Malpractice Case
While not an exhaustive list, the following are examples of ways you might encounter medical malpractice. It's a good idea to speak with an attorney before starting any sort of medical negligence personal injury lawsuit.
- Suffering an Abnormal Injury: The concept of res ipsa loquitur, which means "the thing speaks for itself," is a common means for filing for medical negligence. It states that the injury would not have happened if not for the negligence of the doctor or facility. These are often mistakes that are impossible to rationalize, such as leaving an item inside a patient or grievously botching a simple surgery.
- Lack of Informed Consent: If not in a life-or-death situation where you're unable to respond, medical professionals and facilities are required to make sure you understand and agree to any type of treatment. Patients should understand what the treatment involves, potential risks and complications, and what the recovery is going to be like. Not getting informed consent is very much a form of medical negligence.
- Failure To Provide Accepted Treatment: Part of the duty of care expected from a medical professional or facility is that the accepted and reasonable treatment for a condition is offered to the patient. A physician who knows that the removal of an inflamed appendix is a necessary procedure to preserve a patient's health faces liability if an injury occurs after they prescribe an alternative treatment that doesn't work.
- Failure To Follow Safety Procedures: If you've ever wondered why you get asked your name and what surgery you're having over and over before the procedure, it's done to ensure that the right person is getting the correct operation. It's also why surgeons will sometimes write on the location of the scheduled incision. Having surgery occur to a limb on the wrong side of the body is an easy case of malpractice.
- Facility Not Properly Maintained: Hospitals are exposed to blood, human waste, diseases, and hundreds of other things that can harm a patient. A medical facility owes a duty of care to its patients to be sterile, properly staffed with enough qualified medical professionals, and have necessary equipment in working order.
It's possible for both a facility and a medical professional to be negligent for the same injury. Given the complexity involved, consider speaking with a legal professional who focuses on medical malpractice about your situation.
When the Unthinkable Happens
No surgical procedure is 100% safe and no doctor is always correct when diagnosing an ailment. However, there's a difference between making an informed mistake and being medically negligent. Don't be afraid to ask questions about any procedure you're considering or seeking help if things go awry.
Related Resources
- What Are the Elements of Negligence? (FindLaw's Learn About the Law)
- Civil Cases - The Basics (FindLaw's Filing a Lawsuit)
- Negligence in Injury Law (FindLaw's Accident and Injury Law)
