On Legal Matters: About Medical Malpractice

The patient-doctor relationship is supposed to be based on trust. But eve still, thousands of patients have that trust broken when their doctor makes a misdiagnosis or a mistake. Some of these mistakes result in serious injury and some death. And doctors are not the only ones who can be sued. Anyone who gives medical treatment--nurses and nursing home facilities have been sued for malpractice.

Proving medical malpractice requires the plaintiff to show the following three things:

1. A relationship existed where the plaintiff relied on the defendant for medical care.

2. The defendant did not meet the standard of care needed. This can be partly based on implied consent. Most medical professionals require patients to sign a consent form before undergoing a procedure or exam. If there is evidence that implied consent was not given, the plaintiff may have a stronger case.

3. The incident was the cause of the plaintiff’s injury. That means that the medical professional damaged the plaintiff with his or her negligence. For example, a doctor puts off a surgery and the patient dies. The surviving spouse may think there is a claim for medical malpractice. However if the doctor can prove that the patient would die anyway, there is no claim.

As with most types of civil cases, a statute of limitations applies to the medical practice suits. The time frame varies from state to state but the average amount of time is two years.

The biggest challenge in a medical malpractice case is proving causation. If you don’t have medical training, it could be difficult for you to understand. Always consult an attorney before deciding on a lawsuit.

Medical malpractice cases are expensive and can take several years before there is a resolution. However the cases rarely go to trial. Insurance companies cite cost as the reason for settling many of the lawsuits out of court.