Medical Malpractice Lawsuits

The history of law can be traced back to the period of Ancient Egyptians, Romans and Greeks. Laws evolved with the development of civilizations and today, we have numerous fields of laws. While traffic rules emerged with the advent of motor vehicles, company laws were framed to govern the matters relating to companies and other such business organizations. Medical law is one such field of law, which deals with the duties and responsibilities of medical professionals and the rights of the patients. What is the relation between medicine and law? What are medical malpractice lawsuits? Scroll down...

Medical Negligence - Role of Law in Medical Practice

One of the basic factors that links medicine with law is negligence, which is a part of tort (wrongful acts that results in injury, for which damages can be sought) law. Negligence is a legal concept which refers to a careless conduct that is not expected from a reasonable person, under similar circumstances. If such negligent conduct of a person, causes damage to another's person or property or both, it becomes actionable in a court of law. Some cases of negligence may constitute a criminal offense. As per common law, the concept of medical malpractice is considered as a breach of contract (between the patient and the medical professional) by the medical professional. Nowadays, medical malpractice is mostly viewed as an action in tort (and not contract). As far as medical practice is concerned, a medical professional is expected to exercise a standard level of care while treating a patient. If he fails to do so, thereby causing injury to the patient, the latter can opt for a medical malpractice lawsuit against the former. Medical malpractice laws may vary from one state to another.

Though, medical malpractice laws are of recent origin, it is said that a suit filed in an England court in 1828 was indirectly connected with medical malpractice. The suit was filed by Dr Bransby Cooper (a surgeon) against Mr. Thomas Wakley, who reported the negligence of the surgeon (which resulted in the death of a patient, after lithotomy) in the journal, 'Lancet'. However, Mr. Wakley failed to convince the jury about the alleged negligence on the part of the surgeon. Another factor that worked in favor of the surgeon was the poor medical techniques of that time, when surgery was something that was done in a very crude form. Though the doctor sought £2000 as damages, the jury awarded only £100. This lawsuit was a turning point, which paved the way for more and more medical lawsuits in future, the latest being the 'Michael Jackson medical malpractice/wrongful death case'. The doctor was found to be guilty of allowing the singer to take a powerful anesthetic (to be used every night) for insomnia, in lieu of a hefty fee. This anesthetic is normally used to induce unconsciousness during surgery, in hospital settings. It was highly unethical on the part of the doctor to administer it as a sleep aid. The action of the doctor was criticized by the judge as a serious breach of trust.

More About Medical Malpractice

Medical malpractice lawsuits are the latest daunting tasks medical and health care officers are facing today. Medical malpractice can be defined as an act (or failure to act), by a health care professional, deviating from the accepted standards of services and practices of the medical community, thereby causing harm to the patient. Medical malpractice can also be termed as professional negligence on part of the health care professional. The negligent action of the health care professional may include wrong diagnosis or failure to diagnose, improper treatment, failure to treat on time, etc. In case of nurses, failure to administer medicines on time and failure to monitor, are examples of negligence. In such situations, the patient can file a medical lawsuit against the concerned health care provider.

Who can File a Medical Malpractice Suit?

As discussed above, the patient who has suffered harm due to the negligence of the health care professional can sue the latter. So, the plaintiff in a medical malpractice case can be the patient, or any individual legally designated to act on the behalf of the patient. The injury suffered by the patient may include physical injury, mental trauma, additional expenses and loss of ability to work. In case the patient is no more or in case of a wrongful death suit, the administrator or executor of the deceased person's estate can take on the role of the plaintiff.

Who can be Sued for Medical Malpractice?

The defendants in medical malpractice lawsuits are usually health care officials or at times, entire institutions. Therefore, depending on the situation and gravity of the case, clinics, hospitals, medical corporations, pharmaceutical companies or managed care organizations may be defendants in medical malpractice lawsuits. Even nurses, dentists, hospital employees, anesthesiologists, emergency care professionals and therapists can be sued for medical negligence. Apart from the main person who has caused you the harm, you can include others who had some role in the negligent act. For example, a surgeon uses a defective device for a surgery, which resulted in injury to the patient. The patient can sue the surgeon, the hospital authorities and even the manufacturer of the product.

When to File Medical Malpractice Lawsuits?

In most states, there is a certain time limit, within which, you have to file a medical malpractice lawsuit. In general, a statutory period of two to three years is given for filing such claims. This time period may vary from one state to another. There are also exceptions to this rule and you have to consult a concerned attorney, to know more about these rules. If you fail to file the suit within the specified time limit, you may not be allowed to do so at a later date. However, special cases may be permitted.

What to Prove in a Medical Malpractice Lawsuit?

In order to prove a case of medical malpractice, the plaintiff has to establish certain elements.

• First of all, the plaintiff should prove that a legal duty of medical care and treatment was supposed to be undertaken by a health care officer or institution, for treating the patient and/or plaintiff. In short, it has to be proved that the patient had hired the health care provider for his services and the latter had agreed for the same.
• Secondly, the health care professional breached his duty towards the patient. This does not mean that a patient can sue a doctor, if the former is not happy with the treatment. The main point to be proved here is the negligence of the health care provider, who failed to perform their duties in line with the relevant standards of care.
• Third point to be proved is the harm caused to the plaintiff, due to the negligent action of the health care provider. The fact is that the patient cannot sue a health care professional, if he/she has not suffered any harm from the negligent action of the latter.

In order to prove the case, the plaintiff may sometimes require expert testimony. For example, the defendant (health care professional) has a sound knowledge of the subject and can easily prove that the injury (or death) was caused by some other reason and not by his act. In such cases, the plaintiff, who is often a layman, cannot prove the case and needs expert testimony.

The damages of a medical malpractice case may be either punitive or compensatory. Punitive damages (compensation much higher than what is sought) are meant to punish the defendant and deter him from such actions in future. Compensatory damages denote the right award for the injury suffered. It can be economic or non-economic in nature. Non-economic damages are assessed on the basis of psychological or physical harm, emotional distress or pain, caused to the plaintiff. Economical damages include financial losses, life care expenses and medical expenses (both past and future) incurred by the aggrieved party. Though rare, medical malpractice can be considered as criminal medical negligence, in some cases. 'Michael Jackson medical malpractice case' is an example, wherein the doctor was found guilty of involuntary manslaughter and was sentenced to four years imprisonment.

There are various lawyers who specialize in medical malpractice lawsuits. These medical malpractice lawyers have previous experience and expertise to prove the truth to the trial courts and therefore, prevent any injustice being meted out to the aggrieved party. A simple search on the Internet will give a list of all experienced and talented medical malpractice attorneys. If one wishes to go ahead with a medical malpractice lawsuit and hire the services of a lawyer, one should take care to have a thorough knowledge of the credentials and the professional past of the lawyer.