The repercussions of a medical error can be life-altering, leading to significant emotional and financial distress. At Brewster & De Angelis, we have witnessed firsthand the impact such cases have on individuals and their families. There is a particular moral indignation that arises when trusted medical professionals breach their duty of care, fueled by the fundamental principles of trust, responsibility, and accountability inherent in the medical profession.
In this blog, we will explore the four key elements that constitute a medical malpractice claim and discuss common defenses our legal team encounters during litigation.
Medical Malpractice Claims: The Four Key Elements
- Duty of Care:
Establishing a duty of care is the foundation of a medical malpractice claim. This is defined by the legal obligation of healthcare providers to adhere to a standard of care reasonably expected of qualified professionals under similar circumstances.
- Breach of Duty:
Proving a breach of duty often requires expert testimony to demonstrate that the healthcare provider deviated from the accepted standard of care. This involves establishing the appropriate medical standard for the conditions being treated and showing how the physician deviated from that standard.
- Causation:
It must be proven that the healthcare provider's negligence—whether an act or failure to act—was the proximate cause of the injury. Establishing causation links the breach of duty directly to the injury suffered by the plaintiff.
- Damages:
Finally, it must be proven that the injury caused harm. In legal terms, “harm” is defined and quantified as damages, which can include both economic and non-economic losses.
Medical Malpractice Claims: Common Defenses
Our team of attorneys have experienced numerous defenses aimed at countering allegations of medical negligence. Some common defenses include:
- Informed Consent: Healthcare providers might argue that patients were made aware of potential risks associated with the treatment or procedure, and they consented to proceed despite those risks.
- Unforeseen Circumstances: Providers may claim that an unforeseen condition or complication, not evident in imaging or other diagnostic tools, influenced the outcome.
- Contributory Negligence: Contributory negligence posits that the patient failed to follow medical advice, ignored instructions, or engaged in behaviors that worsened their condition. If successful, it can reduce or eliminate the provider’s liability.
- Hospital Liability: Hospitals may assert that the physician was not an employee but an independent contractor, thus not holding the hospital liable.
- Standard of Care Met: Expert testimony might be utilized to demonstrate that the provider acted in accordance with what other reasonable practitioners would do under similar circumstances.
- Pre-existing Condition: Healthcare providers may contend that the injury was due to a pre-existing condition, rather than negligence, unrelated to the care provided.
It is important to note that in Oklahoma, medical malpractice claims must be filed within two years of the alleged malpractice or the date the injury was discovered. Filing outside this period can lead to dismissal, regardless of the claim's merits.
For guidance, contact us today to discuss your case and explore your legal options. For further reading, you might find our blog on "How Do I Know If I’ve Been a Victim of Medical Malpractice?" a useful next step in your journey.