What Makes a Medical Lawsuit Case?

Medical malpractice lawsuit cases are built by collecting medical evidence and testimony to support a claim of professional negligence on the part of a doctor or other healthcare provider.  All medical malpractice claims require essentially the same basic elements for actionable causation to exist.  The element requirements in a medical lawsuit are in place to attempt to separate frivolous medical malpractice actions based on “bad outcomes,” or unfortunate medical or surgical results, that occur in the absence of any act of negligence in the provision of medical care and treatment from the actual instances of professional negligence involving the provision of substandard medical care and resulting in severe and preventable personal injury patients.

Elements Required in a Medical Lawsuit

• A duty of care was owed the patient by the physician or healthcare provider 
• That duty of care was breached by physician failure to conform to the relevant standard of medical care.
• The breach of the standard of care must be shown by expert testimony, or in the case of obvious errors such as an act involving, “res ipsa loquitur,” the negligent act by the physician speaks for itself without need for expert testimony.   
• The breach of duty caused either a direct injury or was the proximate cause of an injury to the patient.
• Damages which can be physical, emotional or financial

An example of an instance of professional negligence involving the legal concept of “res ipsa loquitur” would be a physician leaving surgical instruments inside the patient after closing, implanting surgical implant devises upside down and backwards, removing the wrong organ or limb and similar situations where there is no genuine way to excuse the behavior of the healthcare provider.  The injurious act speaks for itself without more.  Otherwise the breach of the standard of care must be evidence by the testimony of a competent healthcare provider practicing in the same or a similar medical area as the alleged tortfeasor.

Getting Legal Help

If you or a member of your family has suffered an injury due to the professional negligence or medical malpractice of a healthcare provider it may be helpful to contact an attorney to discuss the circumstances of the injury.  An attorney can review medical records and other documents to determine if there has been an actionable instance of professional malpractice and thereafter take all indicated legal steps to protect the rights and interests of the injured patient.