It is a common misconception that a medical malpractice case exists whenever a patient believes a doctor has done something wrong. In reality, malpractice requires more than perceived mistake. All crimes and civil claims have specific elements that must be proven. Medical malpractice can be defined by 4 main elements:
- Duty of Care: Duty of care refers to the legal obligation of medical professionals to keep their patients safe by meeting the required standard of care. There is a reasonable standard of care within the medical profession.
- Breach of Duty: Breach of duty occurs when the medical professional responsible for carrying out these obligations and responsibilities fails to act in a way that a reasonable person in similar circumstances would have acted, causing them to fall below the standard of care owed.
- Causation: There are two types of causations that need to be satisfied when seeking a medical malpractice claim, cause-in-fact and proximate cause.
- Cause-in-fact is typically described as “but, for” causation. This is a direct causal link between the medical professional’s actions and the patient’s injury. In a malpractice case, a good question to ask would be, “would the patient have been injured but, for the doctor or nurses actions?” g. A patient who is a fall risk tells the nurse he needs to use the bathroom, and the nurse tells him to use the bathroom himself. The patient attempts to use the bathroom by himself, but he falls and hits his head. But, for the nurse disregarding that the patient was a fall risk and telling him to use the bathroom himself, the patient would not have fallen.
- Proximate cause refers to the foreseeability of the injury. This means that a reasonable person in similar circumstance could have foreseen or predicted the plaintiff’s injury to occur as a result of the defendant’s actions. g. A patient who is a fall risk tells the nurse he needs to use the bathroom, and the nurse tells him to use the bathroom himself. The patient attempts to use the bathroom by himself, but he falls and hits his head. It is foreseeable that someone who is at risk of falling will likely fall if they do not have assistance.
- Damages: Actual harm is required to have a medical malpractice case. Even if the provider was obviously negligent, actual harm is required. E.g. After the patient falls and hits his head, there are numerous injuries that would be considered actual harm, including broken bones, concussions, sprains, and lacerations. If the patient were to fall and is not injured, this element would not be satisfied. Actual harm and injury may also be economic damage.
If you believe you have been injured as a result of medical care, you are not alone and you should contact an experienced attorney at our firm to explore your legal options.