Medical malpractice claims can help victims and their loved ones after an error in hospital treatment results in serious injury. For a claim to move forward, the victim generally needs to demonstrate the four following elements:
- Duty. This element requires the victim show that the hospital owed them a duty of care.
- Breach. There was a breach of this duty through an act or omission. Evidence to help substantiate a breach of duty can include medical records, expert testimony, and witness statements.
- Causation. It is not enough to show that a mistake occurred; there must be a direct link between the hospital’s error and the injury sustained. This causation is challenging to prove and can require detailed medical analysis.
- Damage. Victims must also quantify the extent of their damages, which includes physical suffering and loss of income as well as medical bills for corrective treatment.
This may seem like a relatively easy checklist, but the reality is much more complex. These cases require not just collecting but also proving the evidence. The case can also involve multiple parties. In a recent example, a retired pediatric nurse went to a local hospital because she believed she had bronchitis. Her medical team determined she needed a feeding tube. The nurse incorrectly inserted the tube into the trachea and punctured the patient’s lung. Two hours later, a radiologist misread the X-ray and failed to notice the error. The patient ultimately died due to the error. The victim’s loved ones moved forward with a case against both the hospital and the radiologist, ultimately winning millions.
These types of cases are important because they provide funds to help the victim and/or their family pay the bills associated with treatment, hold the wrongdoer responsible for the error, and deter others from making the same mistake.