MEDICAL MALPRACTICE LAW

            A malpractice action is a negligence claim against a professional individual, that individual’s subordinates or facility for its failure to meet the generally accepted professional standards of care within that profession.  As in any negligence claim, a plaintiff, who is the injured person, must prove four (4) basic elements:  1) defendant(s) owed a legal duty of professional care to the plaintiff; 2) defendant(s) breached or failed to meet the relevant standard of care owed to the plaintiff; 3) as a result or proximate cause of that breach, plaintiff sustained an injury and 4) because of plaintiff’s injuries he/she sustained economic and non-economic losses.  The plaintiff has the burden to prove each element of the claim by a preponderance of the evidence (by 51%).

           In a medical malpractice claim, a legal duty is owed by the medical/health care provider, their subordinates or facility, to a patient who submits to receiving their care and treatment.  The duty owed is to exercise or follow generally accepted professional standards of care.  A breach occurs when a health care provider, their subordinates or the facility fails to follow those generally accepted professional standards.  As such the initial phase of any medical malpractice litigation is proving the existence of a generally accepted professional standard.  That is accomplished through accepted testimony of a qualified medical expert, a person with the requisite education, experience and training to render a reliable and credible opinion on the relevant issue.

           Once the plaintiff has successfully proven the existence of the health care providers duty, the scope of that duty, and that the duty was breached, the plaintiff must then be able to prove an injury and quantify his/her damages.  In a medical malpractice action, a plaintiff’s injury would be a physical or mental injury; therefore, damages will most certainly include past and future medical expenses.  However, in addition to those may be life care costs, past and future lost wages or loss of earning capacity; and, non-economic damages such as, pain and suffering, loss of consortium, emotional distress and loss of enjoyment of life.  Last, but not least, are punitive damages.  Punitive damages are additional sums of money that may be awarded to a plaintiff from the defendant to punish the defendant for actions that have been determined wanton and reckless.

          Because of recent efforts by State Governments and the Federal Government to cap/limit a plaintiff’s recoveries and to impede their access to recovery through modifying the process, legal representation is essential.  Moreover, it is critical to have counsel who is qualified to assist you within a jurisdiction that would be more favorable to you as a plaintiff.  Not all jurisdictions are equally sympathetic or empathetic to all people and all issues.  

          Below are some of the more common medical malpractice cases that our affiliated attorneys and law firms typically handle. If you or a loved one have been seriously injured and you cannot find what you are looking for or are unsure as to what best describes your case, or would simply be more comfortable contacting us by phone, please call us at 877-888-5936.