What is the “Standard of Care” In Medical Malpractice Cases?
Most personal injury cases are based on one party’s breach of the general duty of care that all individuals, businesses, and other entities have to take reasonable measures to avoid causing injury to others. In medical malpractice cases, however, the standard of care is distinctly different. An unfavorable outcome from a medical procedure or medication is not always medical malpractice. Instead, it requires substantial evidence demonstrating that a medical provider breached the applicable standard of care for the medical community.
Proving a case against a doctor or other medical provider requires the claimant to present evidence that meets the following aspects of medical malpractice.
First, Proving a Doctor/Patient Relationship Existed Is Required for Medical Malpractice
If a doctor is eating dinner at a restaurant and attempts to rescue another patron who is choking but fails to save the patron, it is not medical malpractice because there was no doctor-patient relationship at the time of the incident. An Atlanta attorney for medical malpractice first requires evidence proving that a doctor/patient relationship was established. Evidence may include medical charts, medical bills, and hospital administrative records demonstrating that the malpractice injury victim was the provider’s patient at the time the malpractice occurred.
The Provider Owed a Duty of Care to the Patient
While most personal injury cases begin with establishing a general duty of reasonable care, in medical malpractice cases, the claimant must show that the doctor owed a duty of care to the patient. This duty required the doctor or medical provider to treat them at the level of care accepted by the medical community as the appropriate standard of care.
The Medical Provider Breached Their Duty of Care
When a doctor fails to provide treatment at the level of care accepted as standard in the medical community, they have committed medical malpractice.
The common question asked of a third-party medical expert in these cases is: “Would another reasonable medical professional have done the same in this situation?” If the answer is no, then the medical provider breached or violated their duty of care to the patient.
Causation In the Standard of Care for Medical Malpractice Claims
Proving causation is also required to meet the burden of evidence in medical malpractice claims. Even if malpractice occurred and the patient later suffered an injury from an unrelated medical condition, causation doesn’t exist in that case.
Proving causation requires compelling medical evidence proving that the doctor’s actions or negligence directly caused harm to their patient. Harm in medical malpractice cases may be serious or catastrophic injury, a worsened medical condition, lowered life expectancy, or death.
The Patient Suffered Damages From the Medical Malpractice
Finally, as with all personal injury claims, a successful medical malpractice claim requires evidence that the victim suffered economic and non-economic damages as a result of the medical malpractice. Damages in these cases often include additional medical expenses, future medical expenses, out-of-pocket costs, lost earnings, and compensation for pain and suffering. In some cases, catastrophic damages like loss of limb, loss of vision or hearing, loss of an organ, or permanent scarring constitute catastrophic damages in a claim.
If a doctor’s actions or negligence caused the patient’s death, the case becomes a medical malpractice wrongful death claim with compensation for damages awarded to the closest surviving family member.
How Can a Georgia Medical Malpractice Attorney Help?
Meeting the evidentiary requirements to prove the above aspects of medical malpractice requires access to medical experts, a thorough investigation, and careful compilation of evidence. Contact Piasta Walker Hagenbush LLC to provide experienced legal counsel and assertive representation throughout every step of your Georgia medical malpractice case.