Medical Malpractice Cases: Who’s at Fault

There are multiple causes that can be generated from a medical malpractice case. There a couple of theories that can be the cause of such an occurrence.

Negligence

One of the most common medical malpractice cases have to do with negligence. In this case, the medical professional neglected to properly treat the patient. In order to win this case, the victim or plaintiff will have to prove:

• That there was a doctor-patient relationship that entitled the medical professional to take care of the plaintiff.
• The medical professional’s deviation from the standard of care that was supposed to be given to the patient. This is known as a breach of duty that was owed to the patient.
• That there was a casual relationship between the patient and medical professional who deviated from the standard of care that was due to the patient and ended up causing injury.
• The patient’s injury.

In order for you to be able to find the medical professional negligent, you will need to show that his or her conduct was below the acceptable standards of medical care. Another medical expert will need to be presented in the case, testifying that the other medical professional’s conduct wasn’t up to medical care standards. The expert must be qualified in the same area of profession and must be recognized as competent and qualified to practice in that area. The testimony must involve stating what the medical professional did wrong and what the medical standards were that he or she failed to adhere to.

Prescription of Medications or Medical Devices

Another form of neglect can involve the medical professional prescribing the wrong prescriptions or medical devices to a patient. The medical professional can be held liable if the patient ignores the manufacturer’s directions or is prescribed the wrong medication dosage. There are some times when the pharmaceutical manufacturer is at fault for when a patient is injured by a drug, but in this case, the pharmaceutical manufacturer would have had to fail to warn the patient of side effects or dangers from using the drug. The medical professional is still a “learned intermediary” because he or she is trained and knowledgeable about these drugs and is there to be of guidance to a patient and provide them with proper medical advice. By prescribing a drug or medical device to a patient, the physician is too at fault for the outcome. It is the physician’s responsibility to advise the patient about the risks and side effects.

Other Forms of Malpractice

Another form of medical malpractice is informed consent. This is when the medical professional is required to tell you about the risks of a procedure or medication the patient is about to receive. A written consent is needed in order for this to go into effect. Another form of medical malpractice is called “breach of contract or warrant”, which means the promised results aren’t given for a medical procedure or medication that was given to the patient.

Please contact us if you or a loved one was a victim of medical malpractice.