Medical malpractice law holds healthcare providers (doctors, nurses, hospitals) legally accountable for harm caused by deviations from accepted standards of care. It falls under personal injury/tort law, focusing on negligence or errors in medical treatment.
Key Elements:
- Duty of Care: A provider-patient relationship existed, obligating the provider to meet professional standards.
- Breach of Duty: The provider failed to act as a reasonably skilled professional would (e.g., misdiagnosis, surgical errors, improper treatment).
- Causation: The breach directly caused harm (e.g., worsening a condition, unnecessary injury).
- Damages: Quantifiable harm resulted (physical, emotional, or financial losses).
Common Cases:
- Surgical errors (wrong-site surgery, retained instruments).
- Misdiagnosis/delayed diagnosis (e.g., cancer, heart attacks).
- Medication errors (wrong drug/dosage).
- Birth injuries (e.g., cerebral palsy from oxygen deprivation).
- Failure to obtain informed consent.
Core Principles:
- Standard of Care: Treatment must align with what a competent professional would provide under similar circumstances.
- Expert Testimony: Requires medical experts to explain how the provider breached standards.
- Statute of Limitations: Strict deadlines to file claims (often 1–3 years, with exceptions for delayed discovery of harm).
Challenges:
- High burden of proof due to medical complexity.
- Caps on damages in some jurisdictions (limiting compensation for pain/suffering).
- Defense arguments often cite inherent risks of treatment or patient contributory negligence.
Purpose:
- Compensate victims for harm (medical bills, lost wages, pain/suffering).
- Deter substandard care.
- Promote accountability while balancing healthcare costs and “defensive medicine” concerns.
Resolution:
- Most cases settle via negotiation.
- Trials focus on proving negligence through medical records, expert witnesses, and evidence.
Examples:
- A surgeon leaves a sponge in a patient, requiring a second operation.
- A doctor fails to diagnose a tumor visible on a scan, leading to advanced cancer.
- A nurse administers the wrong medication, causing severe complications.
Sources:
- Statutes: State malpractice laws, damage caps.
- Case Law: Precedents defining standards of care.
- Expert Guidelines: Medical board protocols.
Unlike criminal law, malpractice focuses on civil liability (financial compensation, not punishment). It requires proving negligence, not intent, but demands rigorous evidence of professional failure.
