We trust doctors, nurses, and other healthcare providers with our lives and the lives of our loved ones. The vast majority of medical professionals are dedicated, competent, and caring. But when a healthcare provider fails to meet the accepted standard of care and a patient is harmed as a result, the consequences can be devastating.

Medical malpractice is one of the leading causes of death in the United States. According to a study published in the BMJ, medical errors cause more than 250,000 deaths per year in America, making it the third leading cause of death after heart disease and cancer. Countless more patients are left with serious, life-altering injuries.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care in treating a patient, and that deviation causes the patient to suffer injury or harm. It is important to understand that not every bad outcome is malpractice. Medicine is inherently uncertain, and not every treatment succeeds. A medical malpractice claim requires proof that the provider was negligent, meaning they did something a reasonably competent provider in the same field would not have done, or failed to do something a competent provider would have done.

The Four Elements of a Medical Malpractice Claim

To succeed in a medical malpractice lawsuit, the plaintiff must prove four essential elements:

1. Duty of Care

The plaintiff must establish that a doctor-patient relationship existed, which created a duty on the part of the healthcare provider to deliver care that meets the accepted standard. This element is usually straightforward to establish: if the provider examined, treated, or advised you, a duty of care existed.

2. Breach of the Standard of Care

The plaintiff must prove that the healthcare provider breached the standard of care. The standard of care is defined as the level of care that a reasonably competent healthcare provider in the same specialty and geographic area would have provided under similar circumstances. This typically requires expert testimony from a qualified medical expert who can explain what the standard of care was and how the defendant failed to meet it.

3. Causation

The plaintiff must prove that the healthcare provider's breach of the standard of care directly caused the patient's injury. This is often the most contested element in a medical malpractice case. The defense will argue that the patient's injury was caused by the underlying medical condition rather than any error on the part of the provider. Expert testimony is essential to establishing the causal link between the provider's negligence and the patient's harm.

4. Damages

Finally, the plaintiff must prove that they suffered actual damages as a result of the provider's negligence. Damages can include medical expenses for additional treatment needed to correct the error, lost wages, pain and suffering, disability, disfigurement, and in the most tragic cases, wrongful death.

Common Types of Medical Malpractice

  • Surgical errors: Operating on the wrong site, leaving surgical instruments inside the patient, or performing a procedure incorrectly.
  • Misdiagnosis or delayed diagnosis: Failing to correctly diagnose a condition in a timely manner, allowing it to progress to a more serious stage.
  • Medication errors: Prescribing the wrong medication, the wrong dosage, or failing to recognize dangerous drug interactions.
  • Birth injuries: Failure to monitor fetal distress, delayed C-section, improper use of delivery instruments, or failure to diagnose and manage complications during labor and delivery.
  • Anesthesia errors: Administering too much or too little anesthesia, failing to monitor the patient during surgery, or failing to review the patient's medical history for contraindications.
  • Failure to obtain informed consent: Performing a procedure without adequately informing the patient of the risks, alternatives, and expected outcomes.

State-Specific Requirements

Medical malpractice laws vary by state, and North Carolina, South Carolina, and Georgia each have their own rules and procedures. In North Carolina, Rule 9(j) of the Rules of Civil Procedure requires that the plaintiff's complaint include a certification that a qualified medical expert has reviewed the case and is willing to testify that the standard of care was breached. The statute of limitations is generally three years from the date of the injury. In South Carolina, the statute of limitations is generally three years, and there are specific requirements for pre-suit mediation. In Georgia, the plaintiff must file an expert affidavit with the complaint.

Contact Dr. Ted Injury Law

If you believe you or a loved one has been the victim of medical malpractice, it is important to consult with an experienced attorney as soon as possible. At Dr. Ted Injury Law, Sarah Mitchell and Lisa Chen lead our medical malpractice team, bringing a combination of legal expertise and medical knowledge to every case. Call (800) 555-HURT for a free consultation.