When you've suffered unforeseen harm while under the care of a health care professional, you may be wondering whether what happened amounts to medical negligence. Generally speaking, in order to hold a health care provider liable for sub-standard medical care, the injured patient must be able to demonstrate:
It's critical to remember that just because something goes wrong during a course of treatment, or the treatment doesn't achieve the desired results, that doesn't mean the provider did anything wrong from a legal standpoint.( Learn more about when it's medical malpractice, and when it isn't.) Having said that, let's look at a few treatment scenarios in which a health care professional might (and might not) be on the legal hook for a patient's harm.
An anaesthesiologist administers the incorrect dosage to a patient who is undergoing surgery, and the patient suffers significant liver damage. The failure to ensure delivery of the proper amount of a medication is a classic case of medical negligence, and it would be difficult for the anaesthesiologist (or the hospital) to argue that this conduct met the applicable standard of care. Many medical malpractice cases are difficult to prove because there's often a significant "gray area" between a proper course of treatment and one that's clearly inappropriate, but this example is close to black and white.
A patient suffers umbilical cord prolapse during childbrth, which poses a serious threat to the life of the baby if a C-section is not performed immediately. The doctor fails to recognize the seriousness of the situation, and the C-section is delayed. As a result of the delay, the newborn suffers brain damage. Here, if it's shown that the doctor's conduct fell short of the medical standard of care, and that the baby likely would not have been harmed if the procedure had been performed earlier, a medical malpractice case might succeed.
A patient suffering chest pain is evaluated in the emergency room, where a doctor fails to correctly diagnose coronary artery disease (CAD). As a result, the patient is sent home, where he suffers a massive heart attack and dies. Here, proving that the doctor acted negligently could be difficult. This kind of scenario (based on the failure to diagnose) is a good example of a "gray area" case in which the doctor's side of the lawsuit is sure to produce a medical expert or two who will testify that the doctor acted reasonably under the circumstances, while the plaintiff's own experts will testify that the doctor fell short of the medical standard of care by failing to properly diagnose the condition.
A patient suffering deep vein thrombosis (DVT) goes to see his doctor about pain and swelling in his leg. The doctor fails to diagnose DVT. One week later, the blood clot is dislodged, leading to a pulmonary embolism and death of the patient. This is another scenario that could come down to a so-called "battle of experts," although it may be a clearer case of medical negligence since symptoms of DVT are easier to spot in an initial exam, compared with those of coronary artery disease (especially if the patient in the previous example didn't report a history of CAD).
When early analysis indicates that a patient's harm might be linked to a health care professional's negligence, it's important to discuss the situation with an experienced medical malpractice lawyer. These kinds of cases involve complex medical and legal issues, and in many states the person filing the lawsuit (the plaintiff) needs to jump through a number of procedural hoops right at the outset. Learn more about filing a medical malpractice lawsuit and finding the right medical malpractice lawyer for you and your case.