Medical Malpractice

Newark NJ Medical Malpractice Attorneys

New York & New Jersey Medical Malpractice Lawyer

Failure to Diagnose | Surgery Errors | Prescription Errors

Robert A. Solomon, P.C. has the experience to know that medical malpractice or medical negligence takes many forms. But the common thread is that the people trusted to care for the patient are responsible for serious harm that could have been avoided.

Our lawyers have been very successful at holding doctors, nurses, hospitals, nursing homes, pharmacists, and other health care providers accountable for medical mistakes or negligent care. We represent clients throughout the greater Newark, Staten Island & Tenafly area, including Bergen, Essex, Union, Morris, Passaic, Sussex, Hunterdon, Orange, Rockland, Putnam, Westchester, Bronx, Queens, Kings, Nassau, Suffolk, and Richmond counties.

Proven Results in Medical Malpractice Claims

We handle all types of medical malpractice claims:

  • Failure to diagnose - Emergency room staff or family doctors overlook telltale signs of cancer or other issues, or fail to follow up on patient complaints.
  • Birth injuries - Infants die or suffer severe brain injury due to lack of oxygen if the physician fails to order a Caesarean birth (C-section) in time, or due to insufficient monitoring of the fetus or newborn. Cerebral palsy and Erb's palsy are lifelong disabilities resulting from birth injury.
  • Surgery errors - Surgeons operate on the wrong leg or wrong disc, or accidentally sever an artery or nerve, causing paralysis, disability, life-threatening injury, or death.
  • Prescription errors - Doctors order the wrong medication, or more commonly the pharmacist fills the prescription improperly, causing injury.
  • Nursing home negligence - Residents of nursing homes are injured in falls due to lack of restraints or proper support, or patients suffer injury or death through neglect or intentional acts.

Expert Testimony - We Get the Best

Proving medical malpractice or medical negligence requires very good experts who can testify that the hospital or physician failed to provide the standard of care or made a mistake that caused the injury.

Below is some information on Medical Malpractice matters worth reviewing:

Theories of Liability in Malpractice Cases
Overview
Legislation Affecting Malpractice Actions
Potential Defendants
Understanding Informed Consent
Overview
The Role of the Physician
The Role of the Patient
Types of Consent: Express and Implied
When Informed Consent Necessary or Implied
Obtaining Consent from Incompetent Individuals and Minors
Responsible Parties in Medical Malpractice Actions
Overview
Hospitals
Pharmaceutical Companies
Prescription Medications: Things You Should Know
Overview
Prescriptions: The Basics
Smarts, Safety, and Prescriptions
Res Ipsa Loquitur
Overview

Medical Malpractice - An Overview

Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. Negligence by a medical professional could include an error in a diagnosis, treatment, or illness management. If such negligence results in injury to a patient, a case could arise against the doctor if his or her actions deviated from generally accepted standards of practice; against the hospital for improper care, such as problems with medications, sanitation or nursing care; or against local, state or federal agencies that operate hospital facilities.

Medical malpractice laws are designed to protect patients' rights to pursue compensation if they are injured as the result of negligence. However, malpractice suits are often complex and costly to win. While theoretically, you can seek compensation for any injury caused by negligence, regardless of its seriousness, time and money make it unrealistic to sue for an injury that is minor or resolves quickly. Therefore, if you believe you have a medical malpractice claim, it is important to consult with an attorney who can help you determine whether your claim is worth pursuing.

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Theories of Liability in Malpractice Cases

Negligence: Most medical malpractice cases proceed under the theory that a medical professional was negligent in treating the patient. To establish medical negligence, an injured patient, the plaintiff, must prove:

  • The existence of a duty owed by the health care professional to the plaintiff (for example, a doctor/patient relationship);
  • The applicable standard of care, and the health care professional's deviation from that standard, which is deemed a breach of the duty owed the patient;
  • A causal relationship between the health care professional's deviation from the standard of care and the patient's injury;
  • Injury to the patient.

One of the most important aspects of a medical malpractice action is establishing the standard of care to be applied to the health care professional. Medical professionals are often heard to refer to medicine as an art, rather than a science, and although errors in judgment may result in injury to a patient, not all medical errors are actionable as negligence.

To find a medical professional legally at fault, it must be shown that his or her conduct fell below a generally accepted standard of medical care. To establish the standard to be applied the plaintiff must present expert testimony not only as to the standard of care applicable, but that also establishes that the defendant failed to meet the standard. In some cases where defendant's violation of a standard of medical care is so apparent as to be comprehensible to the average person, expert testimony may not be required.

Another element of medical malpractice actions, causation, is sometimes challenging to establish. Specifically, the plaintiff must show that his or her health care provider's deviation from the applicable standard of care resulted in his or her injury. This is challenging because sometimes, the health care provider's deviation from the standard of care may not have caused the plaintiff's eventual injury, and vice versa.

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Negligent Prescription of Medications or Medical Devices

A medical professional may be held liable for the negligent prescription of a medication or medical device if he or she ignored the manufacturer's instructions, or prescribed an incorrect medication or dosage, which resulted in injury to the patient. In some cases, a pharmaceutical manufacturer may be liable where a drug caused a patient injuries, but only if the manufacturer failed to warn of potential side effects or dangers of the drug. In most cases, the prescribing physician is considered a "learned intermediary," which means that because of his or her superior medical knowledge, and the fact that he or she has been given adequate information from the manufacturer, he or she is in the best position to determine whether a particular drug or device is appropriate for a patient. Thus, the physician has the primary duty of advising the patient of the risks and side effects of a medication or medical device he or she prescribes.

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Informed Consent

In many situations, the failure to obtain a patient's "informed consent" relative to a procedure or treatment is a form of medical negligence, and may even give rise to a cause of action for battery. Although the specific definition of informed consent may vary from state to state, it means essentially that a physician (or other medical provider) must tell a patient all of the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment, and must obtain the patient's written consent to proceed.

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Breach of Contract or Warranty

Although doctors very rarely promise specific results from procedures or treatments, in some cases they do, and the failure to produce the promised results may give rise to an action for breach of contract or breach of warranty. For example, a plastic surgeon may promise a patient a certain result, which result may be judged more easily than other types of medical results, simply by viewing the patient. Similarly, if a patient is not satisfied with the outcome of a procedure, and the physician had guaranteed or warranted a certain result, the patient may attempt to recover under a theory of breach of warranty.

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Legislation Affecting Malpractice Actions

Due to the power and resources of the health care industry, many states have passed legislation making it more difficult to bring and prevail in medical malpractice actions. In most states today, physicians and hospitals are protected by legal limits, called "caps," on the amount of damages and attorneys' fees that can be awarded in malpractice suits. Also, barring extraordinary circumstances that affect the case, state laws provide set time-frames within which a plaintiff must file a malpractice action in court.

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Certificate of Merit

One obstacle plaintiffs in many states may have to overcome before they can even file a malpractice action against a health care professional is the requirement that they file what is commonly known as a "certificate of merit." In order to file a certificate of merit, a plaintiff will first have to have an expert, usually another physician, review the relevant medical records and certify that the plaintiff's health care provider deviated from accepted medical practices, which resulted in injury to the plaintiff. The plaintiff's attorney then files the certificate of merit, which confirms that the attorney has consulted with a medical expert and that the plaintiff's action has merit.

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Potential Defendants

Medical malpractice can be committed by several types of health care professionals and, in a case where a hospital employee commits malpractice, the hospital itself may be held liable under the legal doctrine of "respondeat superior." Under this theory, an employer may be held liable for the negligent acts of its employee if the employee was acting within the scope of his or her employment when the negligent act or omission occurred. This doctrine is very important to plaintiffs in medical malpractice cases, because it helps ensure there will be a financially responsible party to compensate an injured plaintiff.
In some situations, commonly involving attending physicians working in hospitals, health care providers are considered independent contractors rather than employees, which makes the doctrine of "respondeat superior" inapplicable. What this means is, if a doctor or other health care professional is an independent contractor, and commits malpractice while treating a patient in a hospital, the hospital cannot be held liable for the doctor's negligence. However, the hospital can be held liable for its own negligence, for example, in granting attending privileges to an unlicensed or incompetent physician.

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Conclusion

In general, there are no guarantees of medical results. An unanticipated or unsuccessful result from medical treatment or surgery does not, in itself, mean that medical malpractice has been committed. Nonetheless, if you believe you may have been the victim of medical malpractice, you should meet with an experienced attorney as soon as possible to discuss the facts of your case and receive a professional evaluation of your situation.

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Understanding Informed Consent

In many situations where medical care or treatment is provided to an individual, medical professionals are required to obtain the patient's "informed consent." Although the specific definition of informed consent may vary from state to state, it means essentially that a physician (or other medical provider) must tell a patient all of the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment, and must obtain the patient's written consent to proceed. If this duty is breached and injuries result, the patient may have a legal claim for damages. An experienced medical malpractice attorney can help you determine whether you have a claim and represent your interests throughout the legal process.

The concept of informed consent is based on the principle that a patient has the right to prevent unauthorized contact with his or her person and, thus, a physician has a duty to disclose information to the patient so that he or she can make a reasoned decision regarding treatment, based on an understanding of the treatment to be provided.

In many situations, the failure to obtain informed consent is a form of medical negligence, and may even give rise to a cause of action for battery. In certain situations, informed consent is an absolute necessity. For example, in any medical trials or experiments that receive federal funding, informed consent must be obtained from any human participant or subject.

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The Role of the Physician

Physicians themselves, rather than a representative, nurse, or other related health care professional, are the best choice to speak to patients about informed consent. In discussing the matter with a patient, the physician should cover:

  • The patient's diagnosis, if it is known;
  • The nature and purpose of the proposed treatment or procedure, as well as the procedure's likelihood of success;
  • The benefits and risks of the proposed treatment or procedure;
  • The alternatives to the proposed treatment or procedure;
  • Alternatives to the treatment or procedure should be discussed regardless of their cost and regardless of whether they will likely be covered by the patient's health insurance;
  • The risks and benefits of an alternative treatment or procedure;
  • The risks and benefits of not receiving or undergoing any treatment or procedure.

A physician should also ensure that patients understand what they're hearing. In fact, some hospitals now require physicians to participate in courses on communication skills.

The patient, or the patient's legally authorized representative consenting to the treatment on the patient's behalf, must sign and date the informed consent documents, and must be given a copy of the informed consent documents once they are signed and dated. A copy of those documents should also be placed in the patient's file.

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The Role of the Patient

Although a physician is required to inform a patient about benefits, risks, and alternative treatments, patients must also play a part in the informed consent process. Patients must listen to the physician and should ask questions of the physician if they do not understand, or if they would like more detailed information.

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Types of Consent: Express and Implied

Informed consent may be either "express" or "implied." Express consent is given in writing or verbally. If a patient's consent is written, it should include the name of the health care professional who discussed the proposed treatment with the patient, the name of the health care provider who is to perform the procedure, and the date, time and location where the consent form was signed.

Consent not given by a patient in writing or verbally, but understood from the circumstances surrounding the procedure or treatment at issue, is known as implied consent. Consent may be implied when, for instance, a patient presents him or herself for a relatively simple, non-invasive procedure. Consent is also usually implied for necessary procedures a surgeon might perform in the course of a surgical procedure to which the patient did consent.

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Situations in Which Informed Consent May not be Necessary or May be Implied

Situations Not Involving Medical Procedures or Treatment. Not all situations require that informed consent be given. For example, although listening to a heartbeat through a stethoscope may be considered a "treatment" or "procedure," to some people (especially those who are uncomfortable in physician's offices), it's rare that a physician and patient would have a lengthy discussion about the benefits and risks of listening to a heartbeat using that device.

Emergency Situations: In emergency situations, there is not always time to obtain a patient's informed consent, or the patient may be unconscious and unable to communicate. If an emergency involves risk to the patient's life or the patient is unable to communicate, consent may be implied under the rationale that the patient would have consented to emergency treatment.

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Obtaining Consent from Incompetent Individuals and Minors

When a competent adult seeks medical treatment, the process of obtaining informed consent may seem relatively easy. However, in situations where mentally disabled individuals or children need treatment, the ability to obtain informed consent becomes more difficult. In these situations, serious questions arise concerning who is able to give informed consent for those individuals.

In most cases, a mentally disabled person has an appointed guardian authorized to make medical decisions and give informed consent for that individual. Medical providers need to make sure that when they obtain informed consent for incompetent individuals, they have obtained it from the correct person or persons.

In most situations, parents can give informed consent for treatment for their minor children. However, some states allow young adults under eighteen to play a more active role in their medical care and treatment, including the process of informed consent. Not every teenager is capable, however, of making informed consent decisions under these laws. Instead, most states focus on "mature minors" sufficiently ready to understand the nature and consequences of treatment. In those states, such young adults may be able to provide consent without consulting with their parents. For example, some states have passed specific laws that allow for minors to consent, without parental knowledge or approval, to health care treatments related to substance abuse, mental health, and sexual activity.

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Conclusion

Patients are entitled to complete information on all treatments or procedures to which they are subjected. Failure to provide the information can subject the health care providers to legal liability. If you think you may have a claim based on the lack of informed consent, contact an experienced medical malpractice attorney at once.

Responsible Parties in Medical Malpractice Actions

Medical malpractice is not limited to medical doctors. It applies also to nurses, dentists, osteopaths, health care facilities, and others providing health care services, such as nursing homes. If you believe that you have been the victim of malpractice by any health care provider, do not delay in contacting an experienced medical malpractice attorney.

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Hospitals

Hospitals are corporations that are either public or private entities. In the context of medical malpractice actions, hospitals can be held directly liable for their own negligence, and can also be held "vicariously" liable for the negligence of their employees. Vicarious liability means a party is held responsible not for its own negligence, but for the negligence of another.

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Hospital Negligence

A hospital's medical staff will consist of licensed physicians and other licensed health care providers, such as nurses, physician's assistants, and nurse practitioners. In hiring its medical staff, a hospital must make reasonable inquiries into an applicant's education, training and licensing. If a hospital fails to make reasonable inquiries regarding a member of its medical staff, it might be held liable under the "corporate negligence" doctrine for negligent supervision or retention, if the staff member's negligent care injures a patient. A hospital might be held liable for its own negligence where, for example, it fails to investigate the credentials of an attending physician before granting him/her privileges at the hospital, or where it allows a physician whom it knew, or should have known, was incompetent, to treat patients at the hospital.

Hospitals are also required to ensure that there is a sufficient number of registered nurses on duty at all times to maintain quality patient care. A hospital that fails to do so may be held liable for injuries to patients resulting from a nursing shortage. Another area of potential liability arises when a hospital's employees fail to follow the orders of a patient's private attending physician. Conversely, if a hospital employee finds a private physician's treatment plan to be clearly contraindicated, but fails to make a reasonable inquiry of the physician as to the treatment plan, the hospital could also be found liable.

Finally, hospitals may be held liable for failing to protect patients from harm, adequately perform clinical tests, keep accurate medical records, and properly admit and discharge patients. In the area of admissions, hospitals are generally required to treat seriously injured or ill people on an emergency basis, and the refusal to do so may result in hospital liability. Additionally, federal and state statutes prohibit hospitals from refusing to treat or admit people based on their race, color, religion or national origin, or on their inability to pay for treatment.

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Vicarious Liability

When a hospital employee's malpractice injures a patient, the hospital itself may be held vicariously liable under the legal doctrine of "respondeat superior." Under this doctrine, an employer may be held liable for the negligent acts of its employee, if the employee was acting within the scope of his or her employment when the negligent act or omission occurred. This doctrine is very important to plaintiffs in medical malpractice cases, because it helps ensure there will be a financially responsible party to compensate an injured plaintiff.

In some situations, health care providers such as physicians are considered independent contractors rather than hospital employees, and the doctrine of "respondeat superior" will not be applicable. What this means is, if a doctor or other health care professional is an independent contractor, and commits malpractice while treating a patient in a hospital, the hospital cannot be held liable for the doctor's negligence. However, the hospital can be held liable for its own negligence, for example, in granting attending privileges to an unlicensed or incompetent physician.

Finally, in certain situations, a hospital may be vicariously or directly liable for the acts or omissions of contractors it retains to operate emergency rooms and outpatient facilities.

In some states, there are statutes that protect state-run health facilities. Throughout the country, there are hospitals that are teaching facilities and employ physicians who are actually considered employees of the state. These physicians, including residents and interns, are sometimes accorded sovereign immunity, which limits their liability by shortening the time period in which suit can be filed, and placing maximum limits on the amount of damages and attorneys' fees that can be recovered.

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Pharmaceutical Companies

In some cases, a pharmaceutical manufacturer may be liable where a drug caused a patient injuries, but only if the manufacturer failed to warn physicians of the drug's potential side effects or dangers.

A pharmaceutical manufacturer's primary duty is to physicians. Thus, a manufacturer generally will not be liable for a patient's injuries, as long as it adequately informed the physician of all risks associated with a particular drug. As to the ultimate consumer, a pharmaceutical company only owes a duty to ensure that the medication it manufactures will be reasonably safe when used as intended. To ensure a drug's safety, the manufacturer must research the drug's possible side effects and risks before putting it on the market. If the pharmaceutical manufacturer fails to adequately warn a physician of a drug's dangers, however, the drug becomes what is known under product liability law as "unreasonably dangerous," and the manufacturer might be held liable for the failure to provide proper warnings.

In most cases, the prescribing physician is considered a "learned intermediary," which means that because of his or her superior medical knowledge, and assuming he or she has been given adequate information from the manufacturer, he or she is in the best position to determine whether a particular drug or device is appropriate for a patient. Thus, the physician has the primary duty of advising the patient of the risks and side effects of a medication or medical device he or she prescribes.

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Conclusion

If you or someone you love has been injured as a result of negligent conduct by a health care provider, an experienced medical malpractice attorney can see you through the complicated legal maze of a medical malpractice lawsuit. Contact a medical malpractice attorney today.

Prescription Medications: Things You Should Know

While prescription medications have enabled us to overcome or cure illnesses that were often fatal only decades ago, prescription medications can also be confusing, dangerous, and expensive. The following contains information on how to read prescriptions, how to take them, and how to respect them. If you believe you may have been injured as a result of a prescription drug, contact an experienced medical malpractice or products liability attorney at once.

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Prescriptions: The Basics

Each prescription has four parts:

  • Superscription: The heading where the symbol R or Rx is located.
  • Inscription: The area of the prescription that contains the names and quantities of the ingredients or drugs.
  • Subscription: The directions for compounding or mixing the drug.
  • Signature: Often preceded by the sign "s," this is the portion of the prescription that gives the directions to be marked on the bottle, vial, or container.

Physicians are notorious for having incomprehensibly poor penmanship. While you may not worry about having to read their notes in your medical chart, you may be more worried about a pharmacist being able to read their prescriptions for you. Once you get your prescription, you may not understand all of the abbreviations and notations on the label. If you don't, you might find the following glossary helpful.

a.c.: before meals, from the Latin "ante cibum"
ad lib: use as much as one desires, from the Latin "ad libitum"
b.i.d.: twice a day, from the Latin "bis in die"
da or daw: dispense as written.
gtt.: drops, from the Latin "guttae"
pc: after meals, from the Latin "post cibum"
p.o.: by mouth, or orally, from the Latin "per os"
p.r.n.: when necessary, or as circumstances require, from the Latin "pro re nata"
q.d.: once a day, from the Latin "quaque die"
q.i.d.: four times a day, from the Latin "quater in die"
q.h.: used where a medicine has to be taken every so-many hours, from the Latin "quaque," meaning "every," and "h" indicating the number of hours. For example, q.2h.:::: every two hours.
t.i.d.: three times a day, from the Latin "ter in die"
ut dict.: as directed, from the Latin "ut dictum"

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Smarts, Safety, and Prescriptions

  • While prescription medications are usually beneficial, at the same time they may be dangerous. If you abuse prescription medications or fail to take them correctly, you may have a serious adverse reaction. While your doctor is responsible for prescribing the right medication, and your pharmacist is in charge of filling the prescription, you are responsible for taking the medications and assisting your doctor and pharmacist in any way that you can. Here are some tips on how you can fulfill those responsibilities.
  • Make sure that your physicians know what medications you are on, including over-the-counter medications and alternative medicines. If your physician is contemplating prescribing medications to you, he or she needs to make sure that they won't have a dangerous reaction with any other medications you are taking.
  • If possible, keep all of your medical care in the same group or practice so your physician can easily access your medical information and review your prescription medications. If you have to see other physicians or specialists, make sure that they receive your chart from your primary care physician, or ask them to speak with your primary care physician before prescribing any medications.
  • Keep track of your medications by making a list of their names and the instructions for their use. This may be particularly beneficial if you are on many different types of medications for many different conditions. Keep the list in a place where you can refer to it easily.
  • Only take the dosages that your doctor has approved. If you feel that any medication you are taking is not having its intended effect, call the prescribing physician. Ask if you can take more, or if you should be on a different type of medication.
  • If you are having any adverse or abnormal reactions to your prescription medications, contact your physician immediately.
  • If you have young children in your household, make sure that you have childproof caps on your medicine bottles. Keep the bottles away from anyone who may not understand their use or potency.
  • Never take another person's prescription medication. Although you may feel that you have similar symptoms, or a similar condition, you can't be certain that you won't have an adverse reaction to their medication or that dosage.

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Conclusion

Although prescription drugs can be life savers, or at least life enhancers, when the wrong drug or a dangerous drug is prescribed, the incorrect dosage is ordered, the drug is unsafe, or in a variety of other unfortunate circumstances, disaster can ensue. If you believe that you have been injured by these or any other prescription-drug-related circumstances, an experienced lawyer can help you navigate your way through the legal system and recover any damages to which you are legally entitled.

Res Ipsa Loquitur

Establishing wrongdoing on the part of a health care provider is often difficult. It requires the hiring of experts, in the same field as the health care professional being charged with misconduct, who must testify as to what the defendant should have done under applicable professional standards. Since medical organizations generally discourage those in the medical professions from testifying against one another, it is difficult to find experts who have the integrity to come forward and testify as to misconduct by one of their peers. In addition, many insurance companies providing coverage to health care providers require that they not testify against other providers who are insured by the same company. Thus, only with the assistance of an experienced medical malpractice attorney can a plaintiff be ensured of obtaining all of the relevant evidence and proving all of the requisite elements that will help the plaintiff recover his or her damages.

Proving malpractice is also difficult because the defendants are often the ones who write the medical reports that often form the basis of the suit. Since they are often the only ones who are present and know what really occurred when the negligence happened, and they choose how to describe the event, records are often not descriptive of what truly happened. In addition, some health care providers may frame their reports so as to protect someone guilty of misconduct.

Fortunately, the law also recognizes that plaintiffs face certain difficulties in proving medical negligence, due in no small part to the fact that they are often not conscious when the negligence occurs. If a patient injured as the result of a medical procedure does not know exactly what caused his or her injury, but it is the type of injury that would not have occurred without negligence on the part of his or her health care provider(s), he or she may invoke a legal doctrine known as "res ipsa loquitur." Translated, this Latin phrase means "the thing speaks for itself," and implies that the plaintiff need only show that a particular result occurred and would not have occurred but for someone's negligence.

To invoke this doctrine successfully, a plaintiff has to show that:

  1. Evidence of the actual cause of the injury is not obtainable;
  2. The injury is not the kind that ordinarily occurs in the absence of negligence by someone;
  3. The plaintiff was not responsible for his or her own injury;
  4. The defendant, or its employees or agents, had exclusive control of the instrumentality that caused the injury; and
  5. The injury could not have been caused by any instrumentality other than that over which the defendant had control.

Once this doctrine is successfully invoked, the burden is not on the plaintiff to show how the defendant was negligent, but on the defendant to show that he or she was not negligent. A classic example of the type of case in which this doctrine arises is where a sponge or other medical instrument is left inside a person following surgery. Typically, a medical report will not state "Dr. Smith left forceps in patient's abdomen," and there may be no recorded proof of how or why the negligence occurred. Yet clearly, a surgical instrument would not be left in a patient in the absence of someone's negligence. Also, an unconscious patient certainly cannot be deemed responsible for this type of injury, and it would have been the operating physician and staff who had exclusive control over the surgical tools.

Thus, the burden falls not on the patient to prove who left the surgical instrument inside him or her, but on the individual health care providers to try to establish that it was not their negligence that resulted in the injury. If an attending physician, who is an independent contractor rather than an employee of a hospital, can demonstrate that he left the operating room and instructed a nurse, who was a hospital employee, to remove and account for all surgical instruments before the patient was closed, the hospital might be held liable for the negligence of its employee. In any event, the co-defendants rather than the plaintiff do the bulk of the investigation and finger-pointing, which is quite appropriate given the circumstances.

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Conclusion

Medical malpractice cases can be hard to prove. Fortunately, the doctrine of res ipsa loquitur provides one mechanism that can help plaintiffs prove their case by accepting that some circumstances are in and of themselves evidence of negligence. Also fortunately, medical malpractice attorneys are skilled at getting to the heart of the matter, gathering the relevant evidence, and establishing the plaintiff's case, ensuring the best possible outcome on the injured person's behalf.