Curious about medical malpractice in America?
The simple answer is it’s still a massive problem. 250,000 people die from medical errors every year. That puts medical malpractice right up there as the third leading cause of death.
Here’s the issue:
The average person has no clue what medical professionals are actually responsible for legally. And when something goes wrong…
Well, they are totally unprepared.
In this article, I will explain to you precisely what medical professionals are required to do by law and what happens when they don’t do those things.
What you’ll learn:
- Legal Duties Medical Professionals Must Adhere To
- Where Does Medical Malpractice Fall in Personal Injury Law?
- The 4 Elements Required to Prove Medical Negligence
- What Occurs When Medical Professionals Fail in Their Duty
The Legal Basis of Medical Professional Responsibility
Medical professionals have more than just ethical obligations to patients…
They have legal responsibilities that are enforced under personal injury law.
Here’s how it works:
As soon as you become a patient, the law creates a duty of care relationship between you and your medical provider.
This duty of care requires your doctor, nurse, or other professional to act in a way that’s consistent with professional standards.
If they don’t meet those standards, and you get injured as a result, personal injury law can step in. A good NY personal injury attorney can help you see exactly what happened and whether you have a viable medical malpractice claim.
Let that sink in for a moment:
Medical professionals go through years of training to do their jobs. The law expects them to use that knowledge with care.
What Makes Medical Negligence Different From Regular Negligence?
Standard personal injury claims typically involve carelessness…
But medical malpractice is another story.
Here’s why: Medical professionals are held to a higher standard than regular people. The law expects them to provide care at the level of the accepted medical community standard.
It’s known as the “standard of care” and it’s the foundation of medical professional responsibility.
For instance:
- A lay person may neglect to check their blind spot before changing lanes
- A surgeon who neglects to remove instruments from a patient, however? That’s a violation of medical standards
The law knows medical professionals have special training and knowledge, and it holds them to a higher level of responsibility for that.
The 4 Legal Elements of Medical Professional Responsibility
If you want to prove a medical professional was negligent in their duties…
You need to establish four key elements. All four of these must be proven to win a medical malpractice lawsuit:
Duty Professionally Owed to the Patient
First and foremost, you must show that the doctor-patient relationship existed. It might seem basic, but it’s important legally.
The relationship means the medical professional has a legal duty to give the patient competent care.
Breach of That Duty
Next, you have to demonstrate that the medical professional did not meet the accepted standard of care in their medical field.
This typically needs the testimony of an expert medical witness who can describe what the professional should have done.
Injury Caused by the Breach
This is where it starts to get complicated:
You must show that the medical professional’s actions (or inaction) directly led to your injury. This is called “causation” and is usually the hardest part to prove.
Resultant Damages
Finally, you need to demonstrate you suffered actual damages due to the medical professional’s negligence.
This can mean medical bills, lost wages, pain and suffering, and other losses.
Common Examples of Breaches of Medical Professional Responsibility
Medical professional negligence can take many forms. 32% of medical malpractice claims involve misdiagnosis or delayed diagnosis.
The most frequent breaches are:
- Misdiagnosis or delayed diagnosis – Failing to properly identify a patient’s condition
- Surgical errors – Mistakes during surgery, such as operating on the wrong part of the body
- Medication errors – Prescribing the wrong medication or incorrect dosages
- Birth injuries – Errors during labor and delivery that harm the mother or child
- Failure to obtain informed consent – Failure to properly explain risks and alternatives
Each of these is a clear violation of medical professional responsibility under personal injury law.
The High Stakes of Medical Professional Responsibility
Here’s something you may not know:
Medical professionals face real-world consequences when they breach their legal responsibilities. In fact, the stakes are high.
By age 65, 75% of physicians practicing in low-risk specialties have at least one malpractice lawsuit filed against them. The number is even higher, 99%, in high-risk specialties.
The thing is…
These lawsuits aren’t about money (although that is part of it). They are about accountability and making medical professionals take their duties seriously.
What This Means for Patients
Knowing what medical professionals are responsible for legally under personal injury law is important patient protection.
Patients have a right to expect:
- Competent medical care that meets professional standards
- Effective communication about diagnosis and treatment options
- Proper informed consent before procedures
- Attention to safety protocols
- Appropriate follow-up care
When medical professionals breach those responsibilities, personal injury law provides a mechanism for justice and compensation.
The bottom line:
You don’t have to put up with subpar medical care. The law is on your side.
Preparing For Action
Medical professional responsibility isn’t just some abstract legal idea…
It’s a practical legal framework that protects patients and holds healthcare providers accountable.
Keep these key things in mind:
- Medical professionals have specific legal duties in personal injury law
- Four elements must be proven for medical malpractice claims
- Common breaches are misdiagnosis, surgical errors, and medication mistakes
- Law creates accountability that benefits all patients
Knowing these responsibilities can help you make informed healthcare choices and know when something has gone wrong.
Wrapping Things Up
Medical professional responsibility under personal injury law creates a safety net for patients throughout America.
Let’s go over the most important points one more time:
The law holds medical professionals to high standards for a reason. When they fail to meet those standards and patients are injured, personal injury law can step in.
Victims are not required to accept poor medical care as “part of the deal.” They are not.
Medical professionals have clear legal duties, and when they violate those responsibilities they should be held accountable. That’s how the system works to protect patients and provide better medical care for all.
