Medicolegal principles: Medical negligence

Published on 07/02/2015 by admin

Filed under Anesthesiology

Last modified 07/02/2015

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Medicolegal principles: Medical negligence

J. Robert Sonne, JD

A medical negligence or malpractice lawsuit is a civil action commenced by a patient or an authorized representative of the patient seeking monetary damages for injuries claimed to have resulted from negligent treatment. Medical negligence is the most common threat of liability faced by physicians in the United States.

Elements of malpractice actions

A patient is entitled to recover monetary compensation from a physician if the patient can prove that the physician’s conduct was below the standard of care and that the conduct caused the patient’s injury. It is not enough that the patient suffered a complication or was injured as a result of medical care. The patient must show that the medical care provided by the physician was below the standard of care.

To prevail in a lawsuit, the patient has the burden of proving that a deviation from the standard of care occurred and that the injury was directly caused by that deviation. In most cases, a preponderance of the evidence must support the allegations, and proof must be to a “reasonable degree of medical certainty.” To prove deviation from the standard of care, it must be shown that an anesthesiologist failed to use that amount of care and skill commonly exercised by other anesthesiologists with similar training and experience under the same circumstances. Physicians should not be found negligent if they elect to pursue one of several recognized courses of treatment, provided that a respectable number of physicians accept the course of treatment. In addition, reasonable medical judgment, even if in error, should not be considered negligence.

Most often, expert testimony establishes the applicable standard of care. A physician sued for medical malpractice has the right to a jury trial. Because jurors are usually unable to independently evaluate whether medical care is appropriate, physicians and experts explain the medical issues to assist the jury in reaching a conclusion. The expert witness generally has credentials and experience like those of the physician on trial and testifies as to whether the physician acted in accordance with the accepted standards of care. The stringency of the rules on expert qualifications varies by state.

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