Which element of malpractice is hardest to prove?
Medical malpractice is a legal term when a healthcare professional fails to provide a patient with the appropriate standard of care, resulting in injury or death. To win a medical malpractice lawsuit, the plaintiff must prove four elements. However, one element is harder to prove than the others. Unless you can demonstrate causation for your injuries, you may have a hard time collecting compensation. Find out how a medical malpractice lawyer in Connecticut can help you prove causation and argue on your behalf through your case.
These four elements are common to every successful medical malpractice case:
- Duty of care
- Breach of duty
- Causation
- Damages
Of these four elements of medical malpractice, causation is often the hardest to prove. It can be difficult to establish that the patient’s injury would not have occurred but for the healthcare professional’s negligence. Several factors can make causation challenging to prove, including:
- Pre-existing conditions
- Unforeseen complications
- Other intervening factors
To prove causation, the plaintiff must typically present expert medical testimony establishing that the healthcare professional’s negligence was a “substantial factor” in causing the patient’s injury. This means that the negligence must have been a significant cause of the injury, but it does not have to be the only cause. Even if the plaintiff is able to prove causation, they may still not be able to win their case if the damages they suffered are not significant.
In most cases, the plaintiff must prove that they have suffered actual damages, such as medical expenses or lost wages. However, in some cases, the plaintiff may be able to recover from “pain and suffering,” which is the emotional and physical distress caused by the injury. This makes it critical to work with a medical malpractice lawyer.
The most common way to prove causation in a medical malpractice case is by using the “but for” test. This test asks the question: “But for” the healthcare professional’s negligence, would the patient have been injured? If the answer is yes, then the negligence was a substantial factor in causing the injury.
For example, let’s say that a patient is admitted to the hospital with a broken leg. The doctor orders a cast, but the cast is not applied correctly. As a result, the patient’s leg does not heal properly, and they develop a permanent limp. In this case, the “but for” test would be satisfied. The patient would not have developed a limp if the cast had been applied correctly.
In some cases, the “but for” test may not be enough to prove causation. This is because the patient’s injury may have been caused by a combination of factors, including the healthcare professional’s negligence and other factors beyond the professional’s control. In these cases, the court may use the material contribution test.
The material contribution test asks whether the healthcare professional’s negligence contributed materially to the patient’s injury? If the answer is yes, then the negligence may be enough to establish causation, even if it was not the only cause of the injury.
Proving causation can be a challenging aspect of a medical malpractice case, but with the right legal representation, you can increase your chances of success.
What is an example of malpractice?
Medical malpractice remains a widespread problem despite advances in both medicine and healthcare technology. Unfortunately, it can be difficult to recognize when it occurs and how best to protect yourself. In Georgia, medical malpractice cases follow specific state laws, and our firm exclusively handles cases within the state. Here are eight examples of medical malpractice and the warning signs that go with them to help you better understand what it is and how to protect yourself.
Negligence during treatment is a widespread form of medical malpractice. Patients entrust doctors with their care during sickness or injury, so it’s imperative for doctors to make sure their treatment doesn’t do more harm than good and doesn’t exacerbate the underlying problem. When giving medical care, every patient has different needs that must be taken into account. If this isn’t done right, the patient may have a bad reaction.
For instance, if the wrong medication is prescribed, its dose is incorrect, or drug-drug interactions aren’t assessed accurately by a physician, then the patient’s condition could deteriorate or even lead to medical emergencies such as an overdose, a heart attack, a stroke, or death. Also, some treatments, like surgery, may need techniques that aren’t standard, but these should always be based on research that has been shown to work and is backed by doctors from different fields.
When a patient is under the care of a medical professional, there is an expectation that their safety and well-being will be closely monitored. This requires medical staff to give personal attention and care during each step of treatment for maximum protection of the individual. When someone has been sedated, or ventilation equipment is needed, it can be especially scary to miss such important signs.
If doctors and nurses don’t keep a close eye on a patient’s condition, it could lead to serious injury or death. In one sad case, a woman who had plastic surgery was hurt for life because her nurse didn’t check her oxygen levels and heart rate after the surgery. She fell into a coma due to hypoxia, resulting in irreversible brain damage. When this doctor finally took action when they noticed any changes in oxygen levels or vital signs after their procedure, he was found guilty of negligence.
Cases like this show how important it is for healthcare workers to keep an eye on their patient’s safety and well-being at all times during treatment. Doctors, nurses, and other providers must pay close attention to any potential warning signs so that they can act promptly if any arise. By doing this, healthcare workers make sure that their patients are safe and constantly watched while they are being treated.
Medical malpractice often stems from a lack of quality care and attention. When healthcare providers fail to give patients their full attention or provide inadequate treatment, even minimal neglect can cause life-altering harm, according to U.S. News & World Report.
What is the statute of limitations on medical malpractice in Texas?
The “statute of limitations” refers to the amount of time you have to file a lawsuit against another party. Every state outlines their own time limit, which can also vary depending on the type of case you are filing. For example, the medical malpractice statute of limitations in Texas is outlined under Texas Civil Practice and Remedies Code § 74.251. According to this statute, you generally have two years from the date the malpractice occurred or the date you discovered that malpractice to file a lawsuit against the medical professional or facility for your damages. A medical malpractice attorney can help you navigate this deadline and other aspects of the legal process.
The law establishes that malpractice may occur if:
An example of medical malpractice would be if your doctor gave you the incorrect dose of a medication and it caused you additional harm. Medication errors is one of many forms of medical malpractice that could warrant compensation. Others include:
While the statute of limitations is clear that you must file a medical malpractice case within two years in Texas, there are some factors that can affect this deadline:
As you can see, identifying the deadline to file a lawsuit in your case is not always straightforward. Still, it is critical to do so in order to protect your right to sue. Once the legal filing deadline expires, your case will not be heard in court, regardless of how strong it is. For this reason, many medical malpractice victims and surviving family members turn to a law firm for support.
Bringing a medical malpractice case on your own will take up a lot of time and energy that could be better spent on recuperating. In addition, medical malpractice cases are more complex than personal injury cases, which means there are more opportunities for making mistakes that could undermine your claim.
The potential complications surrounding medical malpractice claims suggest that you might be better off with professional help. Instead of heading into the legal process alone, you could reach out to a law firm for support and resources. A medical malpractice attorney can:
While our firm handles these and other tasks in your case, you can concentrate on getting on with your life and recovering from any injury.
Whether you decide to enlist the help of professionals or not, you should keep a careful record of all documentation relevant to your case. For example, list all medical expenses and record the time you spent off work. These are just examples, but keep track of any others that you can associate, as they can help to prove your case.
Residents of Texas can call on the services of the Underwood Law Office. Our team has helped many people in your position recover compensation for their medical care and other damages. We treat all of our clients with friendly professionalism and work tirelessly to advocate for their interests. Our founder, M
How to sue an attorney in California?
Let’s consider a hypothetical situation to demonstrate the problems that arise and the options you have to file a lawsuit based on attorney malpractice. After the hypothetical, we will discuss the application of the rules of malpractice in more detail.
In 1998, Ron and Nancy Smith created a revocable, living Trust. Under the Trust, their entire estate was to pass to their three children equally after Ron and Nancy’s deaths. After their Trust was created, their oldest son, Jim, had come into a substantial amount of money through work and an inheritance from his wife’s side of the family. Ron and Nancy’s other two children, Pat and Linda, were not as financially secure. Jim also was distant to Ron and Nancy and only saw his parents once every couple of years; as opposed to Pat and Linda who visit their parents regularly.
As a result, Ron and Nancy wanted to change their Trust to leave everything equally to Pat and Linda and exclude Jim. Unfortunately, Ron and Nancy waited until 2015 to make any changes to their Trust. By that time, Ron had begun to show signs of dementia, was no longer able to walk, and could not manage any financial issues. In February 2015, Nancy met with an attorney named Bob to draft a Trust amendment. Bob said it would be no problem to amend the Trust to exclude Jim.
Under the Trust terms, the Trust can be amended by writing signed by both settlors (meaning Ron and Nancy) and delivered to the Trustees. Ron and Nancy are the Trustees of the Trust during their lifetimes. Bob creates a Trust amendment excluding Jim from the Trust distribution and meets with Nancy to sign the amendment. Nancy signs and dates the amendment on February 22, 2015, but Ron does not. In fact, Bob does not even have a signature line for Ron to sign, and he never tells Nancy that Ron’s signature is required on the Trust amendment.
Two months later Ron dies. Nancy then dies in June of 2016. The Trust is never amended again. At the time of Nancy’s death, the total value of Ron and Nancy’s estate is $3 million. Under the original Trust, each child would have received $1 million each; under the amendment, Pat and Linda would each have received $1.5 million.
After Ron and Nancy’s death, Jim receives a notice and copy of the Trust document, as amended. Jim is crushed by being disinherited and immediately suspects that his siblings engaged in undue influence to obtain the amendment. Jim meets with an attorney. The attorney reviews the amendment and realizes that the amendment fails to meet the amendment requirements under the Trust document because it lacks Ron’s signature. The Trust clearly requires BOTH settlors to sign any amendment. Under Probate Code section 15402; a Trust can only be amended by the requirements contained in the Trust document. As a result, the Trust Amendment is invalid. Jim files suit to declare the amendment invalid because it fails to comply with the Trust terms. Pat and Linda’s lawyer advises them that Jim will likely prevail in his law.
What is the simple definition of malpractice?
The courts define malpractice as the failure of a professional person to act in accordance with the prevailing professional standards, or failure to foresee consequences that a professional person, having the necessary skills and education, should foresee.