Liability in Medical Malpractice Lawsuits

American tort law requires a party liable for causing harm to compensate the victim. Liability is having the responsibility for damages or injuries. In a medical malpractice case, the party liable for your injuries may have to pay your damages. A health care provider can be liable for failing to provide proper medical treatment, which leads to you suffering unnecessary harm.

Liability in a medical malpractice lawsuit is complicated. Multiple parties may be liable for a misdiagnosis or medical error. State laws also vary. If you have questions about liability in a medical malpractice action, talk to a medical malpractice lawyer in a city near you.

Understanding Liability in a Medical Malpractice Case

Liabilityis accountability for something. In a personal injury lawsuit, liability holds the responsible party accountable for causing the injury. Most personal injury and medical malpractice cases are based on negligence.

Negligence is a breach of the duty of care that causes injury and harm. A negligence claim has four elements:

• Duty
• Breach
• Causation
• Harm

A medical malpractice case is a type of negligence case. In medical malpractice law, the elements are sometimes known as the “four Ds”:

• Duty
• Deviation from the standard of care
• Damages
• Direct cause

A doctor owes a dutyof care to a patient to provide a certain quality of care. Doctors are held to a certain standard of carebased on their education, training, and experience. A doctor can breach their duty when they deviate from the standard of care by doing something another reasonable doctor would not have done under the circumstances.

If a health care provider’s negligent acts or inactions caused you to suffer an injury, the liability system under state law can hold the doctor liable for medical negligence. Medical malpractice insurance covers physicians and other medical professionals from liability for injuries or wrongful death. The health care provider’s liability insurance may cover any damages up to the policy limits and as allowed under the state’s law.

The standard of care in a medical malpractice lawsuit can be based on medical experts giving expert witness testimony to the jury to decide whether the doctor deviated from medical standards. In some states, expert testimony is required to support your case.

Parties That Can Be Held Liable

Medical professionals are held to a certain standard of care when treating patients. Doctors must be concerned with your safety. When a doctor deviates from the standard of care and causes you harm, they can be liable for damages.

In addition to the doctors who caused a medical injury, other parties could be liable for medical damages, including:

• The hospital or clinic
• The drug company or medical device manufacturer
• Any pharmacist, nurse, or dentist involved

For example, consider a patient in California who is undergoing surgery. While under anesthesia, the anesthesiologist fails to monitor the patient correctly. They suffer oxygen deprivation to the brain. The surgical technician also couldn’t provide the proper level of patient care when they didn’t properly clean and sanitize the surgical equipment. This failure later causes severe infection. The patient then files a lawsuit for medical malpractice after suffering an infection and sustaining permanent brain damage. If the hospital employed either the technician or anesthesiologist, it could also be held liable as the employer.

Hospital Liability for Injuries

A hospital, clinic, or nursing home could be liable for medical injuries. Each of these institutions owes patients a duty of care. When hospital policies create a danger, you may be able to sue a hospital for negligence. For example, a hospital could be liable for the following:

• Failing to train employees
• Understaffing facilities
• Administering the wrong medication
• Negligently releasing medical records

A hospital can also be liable for medical injuries caused by negligent hospital staff. Under the legal concept of “vicarious liability,” an employer can be responsible for an employee’s actions.

Seeking Compensation for a Medical Malpractice Claim

An award in a medical malpractice case should compensate you for your losses. Damages are generally either economic or non-economic damages.

A monetary award in a lawsuit covers your losses in a medical malpractice lawsuit. The types of damages can include the following:

• Medical bills and other medical expenses
• Loss of income
• Future medical care
• Pain and suffering

How much you can recover in a medical malpractice case can depend on many factors, including:

• The extent of your injuries
• Your age
• If you are left with a disability
• Any required future care

Get a Medical Malpractice Lawyer’s Help

Medical malpractice lawyers are critical. These personal injury cases are among the most difficult to prove. To have the best chances of obtaining a favorable income, getting legal help is necessary.

Luckily, the cost of a malpractice lawyer is usually based on a contingency fee agreement, meaning you don’t have to pay until and unless your lawyer secures compensation for you. Their fee is based on a percentage of the settlement or jury award. Your lawyer will handle all aspects of your case so you can focus on recovery.

You may have a limited time to file a malpractice lawsuit in your state. This is the statute of limitations. Contact a medical malpractice lawyer in your area for a free case evaluation. They’ll help you understand your legal rights after suffering a medical injury.