Medical malpractice

Most of us were brought up never to question our doctor’s advice or recommendations. As a result, the thought that doctors can make mistakes does not usually cross our minds until a medical procedure, treatment or diagnosis ends with unexpected results. Often no one is to blame however, doctors, like the rest of us, can make mistakes. If a mistake results in a significant injury a malpractice lawsuit may be warranted.

One of the most important things to understand with a medical malpractice claim is that even where you can prove that a mistake was made, that does not automatically mean that the doctor, nurse, or medical facility will be liable for damages.

While medicine is often thought of as a science, it is also an art. For many medical conditions, there is more than one treatment option and with improvements in research and technology, the treatment options can change. Where there are several options available, proving that the option selected by a particular doctor was negligent can be quite difficult.

Legal consequences may follow where you can prove that the doctor’s actions fell below the reasonable standard of care for a doctor in similar circumstances (i.e. similar level of expertise, community, resources, etc.). In addition, you must be able to prove that the doctor’s actions or inaction caused the injury or condition being complained of. Due to the nature of the human body, there may be other reasonable explanations for the resulting injury that are not related to the doctor’s negligence. While the court does not require you to prove causation with scientific certainty, you must be able to prove causation on a balance of probabilities. Essentially, this means that you must be able to prove that the injury was more likely due to the doctor’s negligence than some other possible cause.

Due to their complexity, medical malpractice claims can be very expensive and time consuming to pursue. Costly reports are often required to prove negligence (the requirement that the doctor fell below the reasonable standard) and causation (the requirement that the action or inaction of the doctor caused the injury). In addition, numerous reports may also be required to establish the degree of disability and the damages that flow from the disability. Despite the above statement, there are some cases that can proceed without significant investments of time and money.

Finally, it is important to understand that the Court cannot compensate you for the condition that required treatment in the first place. With a successful medical malpractice claim, you are only entitled to the difference between what you would have suffered if you had received the appropriate treatment and what you suffered as a result of the treatment you actually received. In some cases the difference is nominal relative to the cost of proceeding with litigation.

Careful consideration should be given to all of the foregoing factors along with detailed legal consultation before deciding to pursue a medical malpractice claim.

Important Note: The information contained in this column should not be treated by readers as legal advice and should not be relied on without detailed legal counsel being sought.

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.