Trial Attorney Blog
In a medical malpractice lawsuit, proving a breach of duty is a crucial element in establishing negligence.
Without clear evidence that a healthcare provider failed to meet the expected standard of care, the case cannot succeed.
This article outlines effective ways medical malpractice lawyers prove a breach of duty, helping victims of medical negligence seek justice.
The Standard of Care in Medical Malpractice Cases
The first step in proving a breach of duty is to identify the standard of care.
This refers to the level of care that a healthcare provider must meet when treating a patient.
Healthcare professionals are required to deliver care that aligns with the practices of other competent professionals in the same field, within the same geographic area.
If a healthcare provider deviates from these expected standards, it may be considered a breach of duty.
However, determining the standard of care is not always straightforward, as it can vary based on several factors:
Location
What is considered acceptable care in one region might differ from another.
For instance, the standard of care in a metropolitan hospital with access to advanced technology may be different from that in a rural clinic with limited resources.
This means that medical malpractice lawyers must consider the geographical context when evaluating whether the standard of care was met.
For example, a surgeon in a large city may be expected to use more advanced techniques or equipment than a surgeon in a remote area, where simpler methods may be more commonly practiced.
Specialization
The expected care is also influenced by the healthcare provider’s specialty.
A general practitioner (GP) is expected to provide general care, but their care standards differs from that of a specialist such as a cardiologist or orthopedic surgeon.
Specialists are expected to have advanced knowledge and skills in their area of expertise, and they are held to higher standards in their field.
If a specialist fails to meet the specific expectations of their field, this can constitute a breach of duty.
For instance, a general practitioner may refer a patient to a specialist if the diagnosis or treatment goes beyond their expertise, which highlights the role specialization plays in determining care standards.
Resources
The availability of medical resources and technology also impacts reasonable care.
In hospitals with state-of-the-art equipment, doctors may be expected to use the latest technology for diagnosis and treatment.
However, in facilities that have limited resources, such as smaller rural clinics or underfunded hospitals, the care expectations may be more focused on available methods or older, less advanced treatment techniques.
In legal cases, it’s essential to assess what resources were available at the time of treatment and whether the healthcare provider utilized them appropriately.
If resources were available but not used, or if the care provided did not align with available medical practices, this could be an indication of negligence.
The Role of Expert Testimony in Determining Benchmarks of Care
Given the complexities of the medical duty, expert testimony from professionals within the same field is crucial in medical malpractice cases.
Experts can clarify the accepted practices within a specific specialty, confirm whether the actions of the healthcare provider were in line with those practices, and provide insights into whether a breach of duty occurred.
For example, an experienced surgeon may testify about whether the procedure performed was the appropriate one for the patient’s condition and whether the treatment met the accepted norms of medical practice.
By examining location, specialization, and available resources, and utilizing expert testimony, it becomes possible to define what proper care should look like in any given situation.
Establishing these factors is essential in proving a breach of duty and holding healthcare providers accountable for medical errors.
Ways to Prove a Breach of Duty
In a medical malpractice case, proving a breach of duty requires a multi-step approach. Below are ways that lawyers build strong cases in medical malpractice lawsuits:
Documenting Medical Records
Medical records serve as one of the most critical pieces of evidence.
They provide a clear, chronological account of the care and treatment the patient received.
By reviewing the records, your lawyer can pinpoint any discrepancies or errors in the treatment process.
For example, a missing notation in the chart or a failure to follow up on test results can indicate a breach.
Expert Testimony
In medical malpractice cases, expert testimony is invaluable.
A medical expert can explain what the standard of care should have been and how the healthcare provider deviated from that standard.
The expert can also address complex medical terminology, helping the jury understand how the provider’s actions caused harm.
Witness Testimonies
Witnesses who were present during the treatment or procedure can provide first-hand accounts that support claims of negligence.
This may include other medical professionals, family members, or patients who observed critical errors, such as improper handling or failure to communicate effectively with the patient.
Reviewing Policies and Protocols
Hospitals and medical institutions have specific policies and protocols that staff are expected to follow.
Your lawyer can compare the provider’s actions to these guidelines to determine whether any deviations occurred.
For example, failure to follow established infection control protocols during surgery could be evidence of negligence.
Establishing Causation Between Breach and Injury
To prove that a breach of duty caused harm, your lawyer must show a direct link between the provider’s actions and the injury.
This step often requires the support of expert testimony and medical documentation that outlines the cause of the injury.
For instance, if a doctor misdiagnoses a condition and the delay in treatment worsens the patient’s health, this would be considered causation of harm.
Comparing Treatment to Medical Literature
Medical literature, research, and guidelines provide a clear benchmark for what constitutes proper treatment.
In many medical malpractice lawsuits, comparing the treatment received by the patient with recognized medical literature or national guidelines can highlight deviations from the standard of care.
This evidence can demonstrate that a different course of treatment should have been taken.
Analyzing the Provider’s History of Similar Errors
If a healthcare provider has a history of similar errors or medical malpractice claims, this may indicate a pattern of behavior that supports your claim.
Your lawyer can gather records of past complaints, lawsuits, or regulatory investigations that show repeated negligence or poor practices.
Proving Informed Consent Was Not Obtained
A failure to obtain proper informed consent can be considered a failure to provide proper care.
If the healthcare provider did not explain the risks, benefits, and alternatives to a medical procedure, the patient may not have been adequately informed before agreeing to the treatment.
For example, if a doctor performed a procedure without thoroughly explaining potential risks, it could strengthen your claim of negligence.
Documenting Unnecessary Procedures or Misdiagnosis
If unnecessary procedures were performed or a misdiagnosis occurred, this can constitute a breach of duty.
The healthcare provider might have caused harm by providing unnecessary treatment, like conducting invasive procedures that were not required or diagnosing the wrong condition.
These mistakes can lead to physical injury or even worsened conditions due to delayed or improper treatment.
Using Medical Imaging or Diagnostic Reports as Evidence
Errors in medical imaging or diagnostic reports can provide compelling evidence of a violation of the required level of care.
If the provider misreads X-rays, MRIs, or other diagnostic tests, and this leads to incorrect treatment, it may indicate negligence.
For example, failing to identify a tumor on an X-ray could be a key element of your case if it resulted in delayed treatment.
Common Challenges in Proving a Breach of Duty
While proving a failure to meet duty of care is crucial, there are several challenges that may arise during medical malpractice lawsuits:
Lack of Clear Evidence
In some cases, medical records or expert testimonies may not clearly show that a breach occurred, making it harder to prove the case.
Defense of Contributory Negligence:
The defense may argue that the patient’s actions contributed to the injury, making it difficult to establish liability.
Complex Medical Terminology:
Medical terms and procedures can be difficult for juries to understand.
A medical malpractice attorney can help bridge this gap by using expert witnesses to explain the technical aspects of the case.
The Role of Legal Counsel in Proving a Breach of Duty
A medical malpractice lawyer at Finch McCranie plays a vital role in building a successful case.
Our experience in gathering key evidence, working with expert witnesses, and preparing the legal strategy can significantly impact the outcome of your case.
Our legal counsel ensures that all necessary documents, testimonies, and opinions are organized and presented clearly, increasing the chances of proving negligent behavior and securing compensation for the victim.
Conclusion
Proving a lapse in care in a medical malpractice lawsuit is essential to holding healthcare providers accountable for their actions.
By following the strategies outlined above, your lawyer can effectively demonstrate how the provider’s failure to meet the expected level of care caused harm.
If you or a loved one has been affected by medical negligence, it’s important to seek legal counsel to ensure the best possible outcome for your case.
Contact us today for a free consultation. Our experienced medical malpractice lawyers are here to help you navigate the complexities of your case and fight for the compensation you deserve.
FAQs
What is considered a breach of duty in a medical malpractice case?
It occurs when a healthcare provider fails to meet the accepted standard of care. Examples include surgical errors, misdiagnosis, or failure to provide adequate post-treatment care.
How can I prove that a healthcare provider breached their duty?
Proving negligence in healthcare involves presenting medical records, expert testimony, and evidence showing that the healthcare provider’s actions deviated from the accepted professional care.
What role does expert testimony play in proving medical negligence?
Expert testimony helps clarify the professional standards and explains how the healthcare provider’s actions deviated from that standard, linking the breach to the harm suffered by the patient.
How do medical records prove a breach of duty?
Medical records are vital for documenting the treatment provided, including any errors, omissions, or deviations from proper procedures. These records can show where the healthcare provider failed to meet the standard of care.
Can a breach of duty happen if there was no harm caused to the patient?
Yes, a breach of duty can occur even if no immediate harm was caused. However, to pursue a medical malpractice case, you must prove that the breach resulted in actual injury or damage.
What is the statute of limitations for filing a medical malpractice claim?
The statute of limitations varies by state but generally requires filing the claim within two to three years of the injury or discovery of the malpractice.
How difficult is it to prove a breach of duty in medical malpractice cases?
Proving a breach of duty can be challenging, as it often requires expert testimony and clear medical evidence to demonstrate that the healthcare provider’s actions deviated from the expected standard of care.
What damages can I claim in a medical malpractice lawsuit?
In a medical malpractice lawsuit, you may be entitled to economic damages (e.g., medical bills, lost wages) and non-economic damages (e.g., pain and suffering). In some cases, punitive damages may be awarded if the provider’s actions were particularly reckless.