Medical professional negligence can lead to medical practice claims against individuals in the medical field. Doctors and nurses are held to a certain standard in the medical world. This standard is determined by the courts and applied where appropriate. Medical malpractice cases are based in tort law and are, essentially, negligence cases. Negligence requires proof that there was a duty that was breached, which proximately caused the damages at issue in the case.
In Chester County, Pennsylvania, a woman was awarded a large settlement in a medical malpractice case regarding her infant daughter. The two nurses cited in the case were found to have been negligent in the care of the mother prior to the birth of the child, resulting in life-altering and lasting injuries. The jury that deliberated on the case awarded the mother over $32 million in the lawsuit, broken up into categories, including future medical expenses, non-economic damages and lost earning capacity.
Medical malpractice claims are difficult claims to prove because the burden of proof is on the person bringing the claim. The courts require that each element of the tort claim be satisfied. All of the elements have to be proven in order to stand a chance at winning a claim based in medical malpractice. Many cases of this nature are jury trials, meaning that all of the evidence is weighed by the jury, and the jury determines the outcome of the case.
The difficulty in winning medical malpractice cases should not deter you from bringing a ripe case before the courts. The system is designed to give victims options.
Source: Providence Journal, "$32.8 Million Chester County Medical Malpractice Jury Verdict Awarded In Favor Of A Child Injured At Birth," Jan. 21, 2014