Requirements for a Medical Malpractice Suit
A medical malpractice claim is one brought by a patient injured by inadequate care from her doctor. Many states have specific procedures for bringing a case, so it is important to research the requirements of your state's laws or to consult with an attorney. Failing to follow the proper procedures for bringing a malpractice claim may result in your claim being dismissed without recovery.
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Elements
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To bring a malpractice claim, a patient must prove the following elements:
1. A duty owed to the plaintiff,
2. A breach of that duty by the defendant, and
3. A resulting injury to the plaintiff caused by the defendant's breach.
Those elements will be explained in detail below.
Duty
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The duty owed by a doctor to a patient is to exercise ordinary medical skill and care. The level of ordinary medical skill required requires that the level of skill used in the treatment was comparable to the level of skill provided by doctors throughout the country. Therefore, even if you were treated in small rural town, your doctor is held to the same standard as doctors in large cities. However, what is expected of a competent physician does vary depending on various factors such as specialization, availability of facilities and advances in the profession.
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Breach
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A doctor will not be found to have breached his duty to provide competent care merely because the treatment of a patient failed. The plaintiff is required to prove that the doctor's treatment failed because the treatment failed to conform to the care that would have been provided by a competent physician.
Causation
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The plaintiff is also required to prove that his damages were caused by the doctor's negligence and would not have occurred if the care had been competent. This is another way of saying that the court will not infer negligence from failed treatment and that the plaintiff must present specific evidence showing that they were injured due to negligent acts of the doctor.
Damages
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The general rule of tort damages applies in medical malpractice claims. This means that the plaintiff may only recover damages that are proven with reasonable certainty to be a natural and direct result of the negligent acts of the doctor. The plaintiff must prove that the damages suffered were the result of the doctor's negligence and not just the result of the illness itself.
Punitive Damages
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Punitive damages are damages that are paid to the plaintiff to punish the doctor for his negligent care, rather than to compensate the patient for her injuries. To recover punitive damages, in addition to proving all of the elements listed above, the plaintiff must also prove that the doctor was not merely negligent but also acted with actual malice. This is a difficult standard to meet, and punitive damages are rarely awarded in medical malpractice actions.
Filing Suit
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When filing a medical malpractice suit with the court, precise procedural rules must be followed. Your suit is initiated by a complaint, which will contain the facts of the case and each of the elements listed above. The process of bringing a suit is complicated, and an attorney would be of great assistance. If you believe that you have a medical malpractice case against your doctor, consulting with an attorney is advised.
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