Medical malpractice occurs when a medical professional has failed in his or her duty to provide appropriate medial care and that failure results in harm to the patient to some degree. Medical malpractice claims, whether they are based on doctor error, failure to diagnose or another incident, are negligence claims that have to be proven by satisfying and proving the elements that accompany it. In all negligence claims, one has to prove the existence of a duty, breach of that duty, proximate cause and damages for the claim to be successful.
In Pennsylvania, the parents of a doctor are suing the health care professionals who cared for their daughter for medical malpractice. The suit was filed in Luzerne County Court. The daughter had just become a doctor herself before passing away. The suit alleged that the doctors were negligent, therefore resulting in medical malpractice.
The burden of proof in medical malpractice cases is on the party that is bringing the claim. They will have to prove the elements of negligence to the legal degree mandated by the law. With that being said, if one element cannot be proven, then the claim is not considered valid and the case is likely to be thrown out of court. This is why it is important to ensure that you can prove each element of a negligence claim. Also, it is important to keep in mind that these cases are not always easy to win.
Negligence is hard to prove, but that should not discourage people from pursuing medical malpractice cases or any other type of negligence case.
Source: Wilkes Barre Times-Leader, “Medical malpractice suit filed over young doctor’s death,” Jerry Lynott, Jan. 8, 2014