Healthcare Provider Liability in Medical Malpractice
When we consult a certified physician, we consult that professional primarily because he is trained in that field and has special skills and knowledge. This, of course, shouldn’t mean that every poor outcome that falls below the patient’s expectations is attributable to the professional negligence of the healthcare provider.
According to California Civil Code 3333.1(2), to establish medical malpractice the following must be shown:
Duty of Medical Providers – There must be a duty owed to the patient by the medical provider. This duty arises after the medical provider agrees to treat and care for the patient.
In emergency medical situations, as a matter of public policy, an emergency room with a patient in critical care will have to service the patient unless the emergency room is unable to handle the particular type of problem presented by the patient. (In that case, the hospital might be required to stabilize the patient and then transfer the patient)
Breach of Duty of Care: Negligence – There must be a negligent act or (omission to act) by a healthcare provider in the rendering of professional services.
It must be shown that the healthcare provider either through a positive act or omission (failure to act when he was under a duty to act) deviated from the standard of care that a reasonable and prudent doctor would provide under the same or similar circumstances.
Sometimes in proving negligence, a plaintiff can rely on the legal doctrine of “res ipsa loquitur”.
It is a Latin term meaning “the thing speaks for itself”. The idea here is that it can rightfully be presumed what caused this result when it is very obvious from the facts.
So, this doctrine presumes negligence
when the instruments were exclusively within the defendant’s control and
the injury is one that normally does not occur without there being negligence.
The classic example is when the patient wakes up from anesthesia, following an appendectomy, to find that his arm is paralyzed. The distinct injury to the healthy part of the body that is not subject to treatment or with the area covered by the operation raises the inference of negligence. Therefore, in such a case, expert testimony from a physician is not necessary and it is up to the defendant to explain this unusual result.
Causation of Injury – That act or omission should be the proximate cause of a personal injury or wrongful death.
It must be further established that the healthcare provider’s negligence caused the injury. This is often difficult because medical care involves certain inherent risks such as the possibility of complications that are beyond the control or foresight of the practitioner. Proving causation in malpractice cases requires, to a reasonable degree of medical certainty, to show that the doctor’s conduct was a substantial factor in bringing about the harm the patient suffered.
Damages – The patient must have suffered actual harm because of the malpractice. This harm can include pain and suffering, medical expenses, loss of income, or other measurable damages.
There are also two additional issues to consider:
The services that are provided must be within the scope of services for which the provider is licensed.
There shouldn’t be any restrictions imposed by the licensing agency or licensed hospital for the provisions of the services concerned.
The Importance of Distinguishing between Medical Malpractice and General Negligence Claims
Overall, medical malpractice cases are more complex and technical compared to general negligence and therefore harder to prove. These are the main differences between a case based on medical malpractice and one based on general negligence:
Since the standard of care is higher for medical malpractice, it is harder to establish and prove that the healthcare provider fell below this high standard.
Subject matter expert witnesses play a crucial role in establishing the standard of care in medical malpractice. It is almost impossible to prove a breach of standard of care without expert evidence.
There is a shorter statute of limitations for malpractice claims.
As we will explain below, there are damage caps for non-economic damages in medical malpractice.
As mentioned above, it is possible for claims that do not meet the criteria for medical malpractice to be classified as general negligence claims against the healthcare provider.
Proving that the healthcare professional fell below the standard of care required by that profession and this failure is the proximate cause of the injury suffered by the patient requires effort and diligent case preparation. Considering that the patient is already in pain due to the injuries sustained, the case management stage can become a daunting task. As experienced attorneys in medical malpractice, we are here to guide you through this process. We begin with carefully evaluating your case and collecting facts and reports. We help you find expert witnesses who are respected and renowned in their field and we work together with the experts to prepare a strong case based on science.
