Liability for Medical Malpractice

Medical malpractice cases arise when a patient has been injured through the improper action or inaction of a healthcare professional or medical facility.

Determining Liability

In order to prove medical negligence, the plaintiff must prove the following:

• The existence of a duty owed by the health care professional to the plaintiff; i.e. doctor/patient relationship
• The applicable standard of care and the health care professional’s deviation from that standard
• The healthcare professional’s negligence caused the patient injury

To find a medical professional negligent, it must be demonstrated that his or her conduct fell below a generally accepted standard of medical care.  The victim must present testimony of another medical expert, qualified in the same area of medicine as the defendant, indicating what standard or level of care fell below expectations.

What is Hospital Malpractice?

Hospital liability or malpractice includes any type of medical negligence that occurs in a hospital setting, including errors by doctors, nurses, technicians and other hospital staff.  Common situations that involve hospital malpractice include:

• Medication error
• Surgical removal of wrong body part
• Leaving a sponge, instrument or other object in a patient after surgery
• Hospital infection
• Improper use of anesthesia
• Failure to order proper tests
• Failure to consult with a specialist
• Failure to stabilize or monitor a patient
• Improper use of a medical device
• Unnecessary surgery
• Birth injury or birth trauma due to physician, nursing or hospital negligence

Who Should Talk to a Medical Malpractice Lawyer

If you believe that your physician or hospital engaged in medical malpractice, you have every right to sue for damages incurred.  Malpractice law is extremely complex and requires an experienced professional to handle such cases.  Medical malpractice attorneys can advise you on whether it is worth your time to pursue legal action.  An experienced lawyer can cut through the red tape and maze of paperwork required to resolve your claim.