Medical Malpractice Liability

Medical malpractice suits can be complex and challenging for the person or legal representative filing the suit. To bring a successful medical malpractice claim against a medical professional, a plaintiff must establish all four elements of the tort of negligence. The necessary elements include:

1. Demonstrating that a duty was owed: a legal duty exists whenever a hospital or health care provider agrees to offer care or treatment of a patient.
2. Demonstrating that a duty was breached: the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors in the course of care.
3. Demonstrating that the breach caused an injury: The breach of duty was a direct or proximate cause of the injury.
4. Demonstration of damages. Without damages —whether financial or emotional–there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damages can occur without negligence, such as a death from a fatal disease.

A medical malpractice suit is similar to all other tort cases, in that the plaintiff or their attorney files a lawsuit in a court with appropriate jurisdiction. In the time between the filing of suit and the trial, the parties are required to share information collected by way of interrogatories, requests for documents and depositions. If both parties agree, the case may be settled before the trial by way of negotiation. If the parties cannot negotiate an agreement, the case will proceed to trial.

The Mueller Hillin Law Firm specializes in Medical Malpractice Law in Philadelphia, Atlanta, Houston and Austin. If you believe you or a loved one have suffered damages related to medical malpractice, please contact us today.