251K people die annually because of preventable medical mistakes, including a missed diagnosis, wrong diagnosis, surgical errors, and birth injuries. 41% of people questioned in a University of Chicago study said they’d experienced a medical error, with 73% of them claiming to have been injured as a result.
According to the stats, medical malpractice is the third leading cause of death in the US, although some experts have debunked this. It is said to cost the US economy $55 billion each year.
Medical malpractice is when a doctor, nurse, or other medical professional provides substandard care that causes injury or harm to a patient. However, not all negative outcomes or medical errors amount to medical malpractice. For a patient to have a valid malpractice case, certain key elements must be present.
Establishing a Doctor-Patient Relationship
According to Matt Baggett a Jacksonville medical malpractice lawyer, the first requirement for a valid malpractice claim is the existence of a doctor-patient relationship. This means the medical provider owed the patient a duty of care. Typically, this relationship starts when the patient schedules an appointment, tests are ordered, or the provider starts treating or examining the patient. Without a doctor-patient relationship, there cannot be malpractice even if the treatment was faulty.
Proving Negligence
The core element of a malpractice claim is proving the medical provider was negligent. The patient must show the doctor failed to provide a generally accepted standard of care. This is the level of care a reasonably competent and skilled healthcare professional would have provided under similar circumstances. An isolated mistake does not constitute negligence. Rather, the patient must prove the doctor's conduct fell below professional standards through a pattern of substandard medical care.
Demonstrating Injury/Damages
In addition to negligence, a valid malpractice case requires the patient to prove they suffered an injury or damages due to the substandard care. There must be a direct cause-and-effect relationship between the inappropriate treatment and the injury or harm.
Common types of damages include additional medical costs, lost wages, disability, pain and suffering, and loss of future earnings. A poor outcome by itself does not mean the doctor is liable for malpractice. The patient must make a connection between the doctor's negligent actions and the damages sustained.
Meeting Deadlines
Medical malpractice claims are subject to strict deadlines, also known as the statute of limitations. This time limit varies by state but is usually between one to three years. The countdown starts on the date of the injury or the date the negligence was discovered. Failing to file a claim before the statute of limitations expires makes the case invalid. Promptly consulting with a medical malpractice attorney ensures this deadline is met.
Proving Causation
In some cases, the provider's negligence may not be the sole cause of the patient's injury. Other factors could contribute as well. As long as the doctor's conduct directly contributed to at least some portion of the damages, the case can still move forward. However, if there is no definitive link between the provider's actions and the harm caused, then there are likely grounds for dismissal.
Examining Medical Records
Strong medical documentation is key to proving malpractice. Medical records, lab results, clinical notes, and other health documents build a timeline showing what care was provided and when. Errors, omissions, delays, and other mistakes can be identified through a careful review of the records. Thorough documentation also demonstrates how the substandard care led to avoidable injury or harm.
Patients who have experienced poor medical treatment should consult with a malpractice attorney to properly evaluate the merits of their potential claim.
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