Everyone knows that under certain circumstances, if a doctor injures a patient, the doctor may be liable—or responsible to pay —for the patient’s injuries. But what is the basis for this liability?
Like Auto Accident Cases, Medical Malpractice is a Tort
A “tort” is a legal wrong. When someone commits a wrong against another person, they have to pay for it. Conceptually, it’s the same idea as “you break it, you bought it,” and arises from society’s basic notions of fairness. Medical malpractice, like auto accidents, is a tort, which means that the act of committing the wrong gives rise to liability—there is no need, for example, to find a breach of some agreement or contract.
There Must Be Fault for There To Be Liability
However, it is NOT the case that every injury results in legal liability. Tort liability is based on “fault”: someone must have either acted intentionally to cause harm (as with assault) or else been unreasonably careless, which the law calls “negligence.” If someone did everything right, they will not be liable—the law recognizes that sometimes, despite the best of intentions and taking every care, bad things happen without it being anyone’s fault.
For most torts, the standard for negligence is the reasonable person—did the person who caused injury take as much care as the hypothetical “reasonable person”? If they did, they will not be liable.
In medical malpractice cases, the standard is “the reasonable doctor.” If the medical professional did everything the profession expects of her and adhered to the profession’s standards of patient care, then she will not be liable for any injuries. It’s when the medical professional does not practice good medicine—“malpractice” literally means “bad practice”—that she may be liable.
Omissions as Well as Actions Can Give Rise to Liability
However, it’s not necessary that the medical professional do something active to establish liability. A failure to act can also give rise to liability. For example, if a doctor should have diagnosed a disease or condition but was careless and failed to do so, the doctor may be liable for injuries resulting from that omission.
Talk to a Medical Malpractice Attorney
Most of us have a good idea of what the “reasonable person” would do. But what about the “reasonable doctor”—what constitutes good care? Bad care? The average person doesn’t know, but attorneys experienced in malpractice can help an injured patient understand whether they suffered from bad luck or malpractice.
